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Copyright

Information wants to be free, the saying goes, but information also wants to be expensive. But which parts end up being free and which parts end up being expensive can get pretty complicated. With so much content flooding through Facebook, Twitter, Instagram, YouTube, and the rest of the online platforms, tracking down who owns what (and how much it’s worth) has turned into one of the central questions of the internet. The answer to that question is copyright — specifically, who holds it and why, as mediated by automated systems like Content ID and a seemingly unending fight between platforms and content companies. This is where we navigate those issues, inside and outside the big platforms, the good systems and bad systems alike. If you’ve ever wondered how much a tweet is worth or why your sing-along YouTube videos keep getting taken down, this is the place to find out.

Can the music industry make AI the next Napster?

Turns out copyright law in music is special — and the record labels are bringing out the big guns.

Elizabeth LopattoCommentsComment Icon Bubble
Did AI companies win a fight with authors? Technically

Meta and Anthropic defended AI training as fair use, but with major caveats.

Adi RobertsonCommentsComment Icon Bubble
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Jess Weatherbed
Denmark is copyrighting deepfake wrongs.

The Danish government is proposing a copyright law amendment to give citizens ownership rights to their body, facial features, and voice, theoretically allowing them to demand companies to remove any AI-generated content that uses their likeness and fight for compensation.

“Human beings can be run through the digital copy machine and be misused for all sorts of purposes, and I’m not willing to accept that,” said Danish culture minister Jakob Engel-Schmidt.

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Jess Weatherbed
Authors throw the book at Microsoft AI.

Several writers have launched a lawsuit against Microsoft over claims it used a collection of nearly 200,000 pirated books to train its Megatron artificial intelligence model to respond to user prompts. Judges have shot down similar cases that authors raised against Meta and Anthropic this week — perhaps the third time’s the charm?

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Lauren Feiner
Court throws out Apple’s $300 million patent loss and sends it back for a new trial.

The dispute between Apple and Optis Wireless Technology is headed for its third trial after an appeals court threw out a 2021 jury verdict due to faulty jury instructions, Reuters reports. The case is based on Optis’ accusation that Apple infringed on its patents for LTE standard-essential technology. The damages award has already been retried once after a judge said the jury that awarded $506 million to Optis hadn’t considered the reasonableness of the amount.

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Adi Robertson
“Even easy things are hard.”

Astute AI copyright observer Michael Weinberg raises some good questions about the Common Pile, an AI training dataset billed as being composed of only “openly licensed text”:

On one hand, this is an interesting effort to build a new type of training dataset that illustrates how even the “easy” parts of this process are actually hard. On the other hand, I worry that some people read “openly licensed training dataset” as the equivalent of (or very close to) “LLM free of copyright issues.”

Runway CEO Cris Valenzuela wants Hollywood to embrace AI video

The head of the AI video platform on Hollywood, copyright, and the future of filmmaking.

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Sarah Jeong
Will the real Register please speak up?

Shira Perlmutter, who may or may not be the head of the Copyright Office depending on how deranged the Supreme Court’s interpretation of executive power becomes, has now sued the Trump administration, including Perlmutter’s supposed replacement Paul Perkins “in his capacity as the person claiming to be the Register of Copyrights.”

Elon Musk’s apparent power play at the Copyright Office completely backfired

Ripping off content to train AI wasn’t going to fly with either MAGA populists or MAGA media.

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Wes Davis
You wouldn’t steal a font.

But the folks behind the mid-2000s anti-piracy campaign that once compared pirating software to stealing a car might have, reports Torrent Freak. A social media investigation suggests the campaign used a knockoff of a commercial font. Its creator, Just Van Rossum, told the outlet:

“I knew my font was used for the campaign and that a pirated clone named XBand-Rough existed. I did not know that the campaign used XBand-Rough and not FF Confidential, though. So this fact is new to me, and I find it hilarious,”

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Richard Lawler
Judge dismisses copyright infringement lawsuit over Apple’s Tetris movie.

Former Gizmodo EIC Dan Ackerman’s lawsuit alleging that Apple, the Tetris company, screenwriter Noah Pink and others ripped off his 2016 book, The Tetris Effect: The Game That Hypnotized the World, for their 2023 Apple TV Plus movie has been dismissed. Reuters reports Ackerman’s lawyer said he will appeal the decision.

In her ruling, Judge Katherine Failla writes:

Ultimately, the Court finds that Defendants’ Film is not substantially similar to Plaintiff’s Book and that Plaintiff has failed to allege that Defendants misappropriated the way he selected, coordinated, and arranged the facts in his Book.

Where the Book’s tone is informative, the Film’s is suspenseful and dramatic, at times deviating from the true facts underlying the story and going so far as to invent an entire KGB subplot, which takes up significant screen time, to create that theatrical effect.

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Richard Lawler
Vox Media and other publishers sue Cohere for copyright and trademark infringement.

The Wall Street Journal reports that The Verge’s parent company, Vox Media, and other publishers like Conde Nast, Forbes Media, and Politico filed a copyright and trademark infringement lawsuit (pdf) against the enterprise AI company Cohere. They say evidence shows Cohere uses unlicensed copies of content to directly compete with publishers, and they list 4,000 specific examples of “verbatim regurgitations and substitutional summaries of news content.”

On the Decoder podcast, we recently discussed similar media lawsuits against AI firms and spoke to Cohere CEO Aidan Gomez last summer.

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Adi Robertson
“The OpenAI lawyer is back on Wirecutter not updating its chair recs.”

Kate Knibbs of Wired recaps a hearing today for The New York Times’ very expensive lawsuit against OpenAI. The takeaway: everyone seems confused. Expect a decision on whether to dismiss the case “in due course.”

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Adi Robertson
The NYT was building an “internal ChatGPT equivalent” in 2023.

Microsoft is still asking a judge in its AI copyright tussle to produce discovery on how New York Times reporters use chatbots, and it introduced an interesting 2023 Slack chat in a memorandum: apparently the Times product team told developers to avoid using other LLMs because it was rolling out its own. It’s not clear if this would become one of the tools the company has since announced.

Screenshot text from Slack dated 11/15/2023. Jeff Sisson: So wait, from the XFun all-hands just now... there’s an internal ChatGPT equivalent that’s been built? And a new policy that we’re rolling out which means developers shouldn’t use the OpenAI ChatGPT (or similar LLM) for anything, from now on? Reply from Gaby Marraro: some details (with a link to an internal slack URL)
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Elizabeth Lopatto
Chat, is copyright trolling a good way to win back public sympathy?

A design has been removed from Teepublic because of a copyright complaint from UnitedHealth, Gizmodo reports. The design is a drawing of Luigi Mangione in a heart, and doesn’t involve any UnitedHealth logos.

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Emma Roth
“WordPress.org is not WordPress.”

The attorneys for WordPress co-founder Matt Mullenweg make that very clear in a legal response to WP Engine’s lawsuit. The response also blames WP Engine for relying on WordPress.org, “a website owned and run by Defendant Matt Mullenweg individually:”

WP Engine, a private equity-backed company, made the unilateral decision, at its own risk, to build a multi-billion dollar business around Mr. Mullenweg’s website. In doing so, WP Engine gambled for the sake of profit that Mr. Mullenweg would continue to maintain open access to his website for free. That was their choice.

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Nathan Edwards
Inside the Internet Archive.

At Wired, Kate Knibbs visits the Internet Archive’s San Francisco headquarters and speaks with its founder, Brewster Kahle, about the Archive’s past, present, and its uncertain future, as it faces copyright lawsuits from print and music publishers.

Go read this, and then listen to Mark Graham, director of the Archive’s Wayback Machine, on Decoder earlier this month.

Anthropic’s Mike Krieger wants to build AI products that are worth the hype

Anthropic’s new chief product officer on the promise and limits of chatbots like Claude and what’s next for generative AI.

Nilay PatelCommentsComment Icon Bubble
OpenAI searches for an answer to its copyright problems

Why is OpenAI paying publishers if it already took their work?

Elizabeth LopattoCommentsComment Icon Bubble