Now that the December 3rd deadline has passed for Internet Archive to file for cert with the Supreme Court, the copyright case litigated by book publishers Hachette et al. is closed. The Second Circuit decision will stand, finding that IA’s legal theories were without merit—theories I have discussed in multiple posts and will not rehash again here. I have also ...

A common disparagement of copyright advocacy is that it is anti-technology. Despite overwhelming evidence that professional creators are early adopters of new technlogical developements, the talking point persists that enforcing the rights of creators can only “stifle innovation.” This “Luddite” critique of copyright rights was used to defend the predatory models of social and streaming platforms (and defend outright piracy), ...

Last week, oral arguments were presented before the D.C. Circuit Court of Appeals on the question of whether copyright protection is conditioned on human authorship. Dr. Stephen Thaler, developer of a Gen AI he calls “Creativity Machine,” submitted a visual work made entirely by that machine to the U.S. Copyright Office for registration in 2022. He disclosed the fact that ...

Overseas and Out of Reach:  International Video Piracy and U.S. Options to Combat It, released today by IP House and Digital Citizens Alliance (DCA) is one more reason the U.S. Congress should adopt site-blocking legislation to protect American creators and consumers. Thirteen years ago this coming January, Congress shelved bipartisan legislation that was designed to restrict foreign-based criminal enterprises from ...

The Chamber of Progress launched an initiative called the “Generate and Create” campaign to “defend fair use” and “promote AI creativity.” I don’t know whether they bought this campaign used from the basement of Fight for The Future or Electronic Frontier Foundation, but the following statement is worn-out rhetoric that sounds even weaker defending AI as a mode of production ...

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