On October 9th, Dr. Stephen Thaler, a computer scientist and owner of the generative AI “Creativity Machine,” filed a petition for cert with the U.S. Supreme Court, seeking to overturn the DC Circuit opinion in Thaler v. Perlmutter. As discussed in several posts, Dr. Thaler’s machine independently and autonomously produced an image he titled “A Recent Entrance to Paradise” which ...
Over the past 13 years, I have repeated variations on the theme that strong copyright rights are essential because a healthy democracy requires a diverse, professional creative sector. Typically, I have advocated this perspective to refute the claim by the copyleft that copyright rights are in conflict with the speech right. Now that we are in climate in which creators ...
Dr. Rebecca Grant, Vice President of Lexington Institute, alleges in a recent post that copyright owners—specifically the bogeyman of “Hollywood”—form an obstacle to national security in the effort to win the AI cold war with China. Out of respect for her credentials as a security expert, I shall assume that all of Dr. Grant’s specific references to the role of ...
Headlines flood the feeds announcing that a California District Court sided with AI developer Anthropic, finding that LLM training with unlicensed works is fair use. While the headlines are true, I wouldn’t read the conclusions as gospel just yet. In the big picture, we are going to see a variety of fair use opinions in the more than 40 copyright ...
Publishers File Brief in Response to Internet Archive Appeal On Friday, the publishers in Hachette, et al. v. Internet Archive filed their response brief opposing the archive’s appeal of its loss in district court. IA maintains that its practice of “Controlled Digital Lending” is not copyright infringement under the doctrine of fair use despite the lower court’s fast and resounding ...
