Are We Losing Our Democracy?; The New York Times, October 31, 2025

 The Editorial Board, The New York Times; Are We Losing Our Democracy?

"Countries that slide from democracy toward autocracy tend to follow similar patterns. To measure what is happening in the United States, the Times editorial board has compiled a list of 12 markers of democratic erosion, with help from scholars who have studied this phenomenon. The sobering reality is that the United States has regressed, to different degrees, on all 12.

Our country is still not close to being a true autocracy, in the mold of Russia or China. But once countries begin taking steps away from democracy, the march often continues. We offer these 12 markers as a warning of how much Americans have already lost and how much more we still could lose."

As Trump Weighs Sale of Advanced A.I. Chips to China, Critics Sound Alarm; The New York Times, October 29, 2025

  Ana Swanson and Tripp Mickle, The New York Times; As Trump Weighs Sale of Advanced A.I. Chips to China, Critics Sound Alarm

"Mr. Trump’s comments signaled a major potential change for U.S. policy that many Washington officials warn poses a national security risk. Selling such advanced A.I. chips to China is currently banned, and U.S. officials have worked for years to restrain Beijing’s access to the cutting-edge technology.

The president’s reversal, if it comes to pass, would have widespread implications. Nvidia, which has emphasized the importance of maintaining access to the Chinese market, would reap new sales. But critics have argued that A.I. technology is important enough to potentially shift the balance of power in a strategic competition between the United States and China."

Viewpoint: Don’t let America’s copyright crackdown hand China global AI leadership; Grand Forks Herald, July 5, 2025

 Kent Conrad and Saxby Chambliss , Grand Forks Herald; Viewpoint: Don’t let America’s copyright crackdown hand China global AI leadership

[Kip Currier: The assertion by anti-AI regulation proponents, like the former U.S. congressional authors of this think-piece, that requiring AI tech companies to secure permission and pay for AI training data will kill or hobble U.S. AI entrepreneurship is hyperbolic catastrophizing. AI tech companies can license training data from creators who are willing to participate in licensing frameworks. Such frameworks already exist for music copyrights, for example. AI tech companies just don't want to pay for something if they can get it for free.

AI tech companies would never permit users to scrape up, package, and sell their IP content for free. Copyright holders shouldn't be held to a different standard and be required to let tech companies monetize their IP-protected works without permission and compensation.]

Excerpt]

"If these lawsuits succeed, or if Congress radically rewrites the law, it will become nearly impossible for startups, universities or mid-size firms to develop competitive AI tools."

The US Copyright Office is wrong about artificial intelligence; The Hill, June 30, 2025

THINH H. NGUYEN AND DEREK E. BAMBAUER, The Hill ; The US Copyright Office is wrong about artificial intelligence

"AI is too important to allow copyright to impede its progress, especially as America seeks to maintain its global competitiveness in tech innovation."

The copyright war between the AI industry and creatives; Financial Times, June 23, 2025

 MARTIN WOLF, Financial Times ; The copyright war between the AI industry and creatives

"One is that the government itself estimates that “creative industries generated £126bn in gross value added to the economy [5 per cent of GDP] and employed 2.4 million people in 2022”. It is at the very least an open question whether the value added of the AI industry will ever be of a comparable scale in this country. Another is that the creative industries represent much of the best of what the UK and indeed humanity does. The idea of handing over its output for free is abhorrent...

Interestingly, for much of the 19th century, the US did not recognise international copyright at all in its domestic law. Anthony Trollope himself complained fiercely about the theft of the copyright over his books."

As US and UK refuse to sign the Paris AI Action Summit statement, other countries commit to developing ‘open, inclusive, ethical’ AI;TechCrunch, February 11, 2025

Romain Dillet, TechCrunch ; As US and UK refuse to sign the Paris AI Action Summit statement, other countries commit to developing ‘open, inclusive, ethical’ AI

"The Artificial Intelligence Action Summit in Paris was supposed to culminate with a joint declaration on artificial intelligence signed by dozens of world leaders. While the statement isn’t as ambitious as the Bletchley and Seoul declarations, both the U.S. and the U.K. have refused to sign it.

It proves once again that it is difficult to reach a consensus around artificial intelligence — and other topics — in the current (fraught) geopolitical context.

“We feel very strongly that AI must remain free from ideological bias and that American AI will not be co-opted into a tool for authoritarian censorship,” U.S. vice president, JD Vance, said in a speech during the summit’s closing ceremony.

“The United States of America is the leader in AI, and our administration plans to keep it that way,” he added.

In all, 61 countries — including China, India, Japan, Australia, and Canada — have signed the declaration that states a focus on “ensuring AI is open, inclusive, transparent, ethical, safe, secure and trustworthy.” It also calls for greater collaboration when it comes to AI governance, fostering a “global dialogue.”

Early reactions have expressed disappointment over a lack of ambition."

Indigenous Colombian coca company challenges Coca-Cola’s trademark; The Washington Post, September 15, 2024

 

María Luisa Paúl

 and 

Bryan Pietsch, The Washington Post; Indigenous Colombian coca company challenges Coca-Cola’s trademark

"An Indigenous business in Colombia, acting, it says, “in defense of the coca leaf,” is asking the government to revoke the beverage giant’s century-old trademark on the word “coca.”"

Kim Dotcom to be extradited from New Zealand to US; The Guardian, August 15, 2024

Reuters via The Guardian , The Guardian; Kim Dotcom to be extradited from New Zealand to US

"As well as copyright infringement, Dotcom faces more serious charges, including money laundering and racketeering. He has long argued that he should not be held liable for copyright infringement carried out using his site, a filesharing service that allowed users to upload content and share the link with others to download."

China is the runaway leader in generative AI patent applications followed by the US, the UN says; AP, July 3, 2024

JAMEY KEATEN, AP;  China is the runaway leader in generative AI patent applications followed by the US, the UN says

"China has requested far more patents than any other country when it comes to generative AI, the U.N. intellectual property agency said Wednesday, with the United States a distant second...

The new report on patents, the first of its kind, aims to track patent applications as a possible indication of trends in artificial intelligence. It focuses only on generative AI and excludes artificial intelligence more broadly, which includes technologies like facial recognition or autonomous driving."

Navigating the Patchwork of AI Laws, Standards, and Guidance; American Bar Association (ABA), May 9, 2024

 Emily Maxim Lamm , American Bar Association (ABA); Navigating the Patchwork of AI Laws, Standards, and Guidance

"The opening weeks of 2024 have seen a record number of state legislative proposals seeking to regulate artificial intelligence (AI) across different sectors in the United States...

With this type of rapid-fire start to the 2024 legislative season, the AI legal landscape will likely continue evolving across the board. As a result, organizations today are facing a complex and dizzying web of proposed and existing AI laws, standards, and guidance.

This article aims to provide a cohesive overview of this AI patchwork and to help organizations navigate this increasingly intricate terrain. The focus here will be on the implications of the White House AI Executive Order, existing state and local laws in the United States, the European Union’s AI Act, and, finally, governance standards to help bring these diverse elements together within a framework."

Japan's universities fail to make the most of intellectual property; Nikkei Asia, March 9, 2024

KENJIRO SUZUKI, Nikkei Asia; Japan's universities fail to make the most of intellectual property

"Due to lack of support, patents earn only 2% compared to U.S. schools"

Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States ; Lexology, December 4, 2023

Sheppard Mullin Richter & Hampton LLP - Keith Kelly and Zach Dai, Lexology; Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States 

"In a decision issued[1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under U.S. copyright law and may have far-reaching implications."

Internet Archive’s digital library has been found in breach of copyright. The decision has some important implications; The Conversation, August 22, 2023

Agata Mrva-Montoya, Lecturer, Department of Media and Communications, University of Sydney, The Conversation; Internet Archive’s digital library has been found in breach of copyright. The decision has some important implications

"The outcome of the court case may affect the fate of controlled digital lending more broadly."

Prosecraft has infuriated authors by using their books without consent – but what does copyright law say?; The Conversation, August 9, 2023

Dilan Thampapillai Associate Professor, University of New South Wales, UNSW Sydney , The Conversation; Prosecraft has infuriated authors by using their books without consent – but what does copyright law say?

"In amending its laws, Australia legislated that parody or satire could form the basis of a fair dealing exception. A specific transformative use exception was not created. 

So, it is significantly less clear as to whether the use contemplated by Prosecraft or Shaxpir would be considered fair dealing in Australia. 

Australia has either missed a trick or dodged a bullet by failing to include transformative use as a fair dealing exception. It depends where you stand in the ongoing conflict between AI tech and human authors. But Australia’s laws are less AI-friendly than the US.

For the moment, published human authors are banking on the idea that if they can knock out the shadow library, they can hobble the reach of AI tech."

US cyber ambassador says China knows how to steal its way to dominance of cloud and AI; The Register, June 23, 2023

 Simon Sharwood, The Register; US cyber ambassador says China knows how to steal its way to dominance of cloud and AI

"China has a playbook to use IP theft to seize leadership in cloud computing, and other nations should band together to stop that happening, according to Nathaniel C. Fick, the US ambassador-at-large for cyberspace and digital policy.

Speaking at an event hosted by think tank Hudson Institute, Fick said 30 years ago democratic nations felt they had an "unassailable global advantage in telecoms" thanks to the strength of outfits like Ericsson, Nokia, Samsung, Motorola, Bell Labs, Alcatel and Lucent.

But he feels those titans became complacent, governments stopped watching the tech develop, and "I don't think we appreciated or acted on the reality that these technologies were going to be central to our geopolitical standing."

But China noticed. And it "executed a deliberate strategy of IP theft and government subsidies."

Patents, spy balloons and outcompeting China: What our leaders are missing; The Hill, March 12, 2023

PAUL R. MICHEL AND MATTHEW J. DOWD, The Hill; Patents, spy balloons and outcompeting China: What our leaders are missing

"For all of U.S. history, patents have provided the needed incentives. Without reliable patent protection, few corporate decision-makers or venture capital leaders would make the investments to support the breakthroughs.

And now, more breakthroughs are exactly what America needs to counter China’s accelerating technology surge. Think computer chips, genetic and personalized medicine, clean energy, artificial intelligence and other advanced technologies of the 21st century.

But we’re starting to lag behind China, which is devoting untold resources toward becoming the global leader. A recent Harvard Kennedy School report warned that China is set to overtake the United States, if U.S. policy does not change."

ASML chief warns of IP theft risks amid chip sanctions; Financial Times, March 8, 2023

Anna Gross and Tim Bradshaw

, Financial Times ; ASML chief warns of IP theft risks amid chip sanctions

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The head of ASML, the chip toolmaker that is Europe’s biggest tech company, said he was guarding against intellectual property theft more fiercely than “ever before”, as a geopolitical tussle forces China to bolster its homegrown semiconductor industry. Peter Wennink said growing restrictions imposed by the US on China’s ability to source cutting-edge chips and semiconductor equipment had raised the stakes for the company’s security efforts. “It’s like 1973, it’s like the oil crisis,” Wennink told the Financial Times, pointing to increasing efforts by the US, Europe and Japan to bolster their domestic chipmaking capabilities. “Oil was always there until it wasn’t, and it was a strategic commodity. Fast forward to 2020 and it’s the same thing with chips.”"

The Daring Ruse That Exposed China’s Campaign to Steal American Secrets; The New York Times Magazine, March 7, 2023

 Yudhijit Bhattacharjee, The New York Times Magazine ; The Daring Ruse That Exposed China’s Campaign to Steal American Secrets

"Although China publicly denies engaging in economic espionage, Chinese officials will indirectly acknowledge behind closed doors that the theft of intellectual property from overseas is state policy. James Lewis, a former diplomat now at the Center for Strategic and International Studies in Washington, recalls participating in a meeting in 2014 or so at which Chinese and American government representatives, including an officer from the People’s Liberation Army, discussed the subject. “An assistant secretary from the U.S. Department of Defense was explaining: Look, spying is OK — we spy, you spy, everybody spies, but it’s for political and military purposes,” Lewis recounted for me. “It’s for national security. What we object to is your economic espionage. And a senior P.L.A. colonel said: Well, wait. We don’t draw the line between national security and economic espionage the way you do. Anything that builds our economy is good for our national security.” The U.S. government’s response increasingly appears to be a mirror image of the Chinese perspective: In the view of U.S. officials, the threat posed to America’s economic interests by Chinese espionage is a threat to American national security.'

Like China’s economy, the spying carried out on its behalf is directed by the Chinese state. The Ministry of State Security, or M.S.S., which is responsible for gathering foreign intelligence, is tasked with collecting information in technologies that the Chinese government wants to build up. The current focus, according to U.S. counterintelligence experts, aligns with the “Made in China 2025” initiative announced in 2015. This industrial plan seeks to make China the world’s top manufacturer in 10 areas, including robotics, artificial intelligence, new synthetic materials and aerospace. In the words of one former U.S. national security official, the plan is a “road map for theft.”"

Industrial espionage: How China sneaks out America's technology secrets; BBC, January 16, 2023

 Nicholas Yong , BBC News; Industrial espionage: How China sneaks out America's technology secrets

"It is part of a broader struggle as China strives to gain technological knowhow to power its economy and its challenge to the geopolitical order, while the US does its best to prevent a serious competitor to American power from emerging.

The theft of trade secrets is attractive because it allows countries to "leapfrog up global value chains relatively quickly - and without the costs, both in terms of time and money, of relying completely on indigenous capabilities", Nick Marro of the Economist Intelligence Unit told the BBC.

Last July FBI director Christopher Wray told a gathering of business leaders and academics in London that China aimed to "ransack" the intellectual property of Western companies so it can speed up its own industrial development and eventually dominate key industries. 

He warned that it was snooping on companies everywhere "from big cities to small towns - from Fortune 100s to start-ups, folks that focus on everything from aviation, to AI, to pharma"."

PUBLIC DOMAIN: A BELATED STEP FORWARD, TWO HUGE STEPS BACK; Walled Culture, January 16, 2023

GLYN MOODY, Walled Culture; Public domain: a belated step forward, two huge steps back

"Nor is Canada alone in its folly. Another post on this blog last year noted that New Zealand too has decided to extend its copyright term despite the moral and economic arguments against it. Once more, the reason was a trade deal – with the UK – one of whose requirements was this unnecessary strengthening of copyright. What this means in practice is that for the next 20 years, neither Canada nor New Zealand will see any published works enter the public domain on the first of January. This creates a massive historical void in those countries’ culture, for no good reason.

Although we can celebrate the wonderful works that have finally entered the public domain in places like America after being locked up behind copyright’s walls for so long, we should be outraged that two countries have just taken a massive step backwards in this respect.

Featured image created with Stable Diffusion."