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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.

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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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[wsj.com]

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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
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Adi Robertson
“Copyright jail isn’t a thing.”

Colorado tech law professor Blake Reid has a good Bluesky thread (note: requires login) on the complicated gamesmanship behind AI content deals and copyright law. His conclusion:

At the end of the day, copyright just doesn’t give a lot of people positively and negatively impacted by copyright a seat at the table. And these deals are a powerful reminder of that.

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Lauren Feiner
Cox Communications takes its copyright fight with record labels to the Supreme Court.

The internet service provider filed a petition with the highest court in its case with Sony Music and other labels, framing it as a fight for internet access. A jury sided with the labels in 2019, finding Cox liable for piracy infringement for failing to remove bad actors from its services, but an appeals court denied the $1 billion damages award.

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Wes Davis
AI gets notes from a songwriter.

Responding to the RIAA’s copyright lawsuit, AI songmaker sites defended their models as being like kids learning rock and roll or tools enabling creativity. Country artist Tift Merritt had a different take after being shown a song AI music generator Udio spat out when prompted to mimic her style:

... the “imitation” Udio created “doesn’t make the cut for any album of mine.”

“This is a great demonstration of the extent to which this technology is not transformative at all ... It’s stealing.”

I had similar thoughts back in March.

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Lauren Feiner
Senators will introduce the No Fakes Act to keep AI companies from copying your voice or appearance.

Sens. Chris Coons (D-DE) and Marsha Blackburn (R-TN) updated their discussion draft that seeks to prevent debacles like that between Scarlett Johansson and OpenAI. It’s gained the support of SAG-AFTRA and the Recording Industry Association, but the Electronic Frontier Foundation, which counts tech companies among its donors, previously raised concerns that the draft bill was overly broad.

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Wes Davis
OpenAI has one less lawsuit to worry about.

Open source developers dismissed OpenAI from their 2022 lawsuit alleging that it violated copyright law by reproducing their code without attribution.

As Bloomberg Law writes, the lawsuit will continue against GitHub and Microsoft (although without the Digital Millennium Copyright Act claims that the judge dismissed this month).