Sunday, December 14, 2025

(Podcast) The Briefing: What Is Fair Use and Why Does It Matter? (Featured); JDSupra, December 5, 2025

Richard Buckley, Jr. and Scott Hervey, JDSupra ; (Podcast) The Briefing: What Is Fair Use and Why Does It Matter? (Featured)

"Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.

In this featured episode, they cover:

- What makes a use “transformative”?

- Why credit alone doesn’t protect you

- How recent court rulings (Warhol v. Goldsmith) are changing the game

- Tips to stay on the right side of the law"

The Disney-OpenAI tie-up has huge implications for intellectual property; Fast Company, December 11, 2025

CHRIS STOKEL-WALKER, Fast Company ; The Disney-OpenAI tie-up has huge implications for intellectual property

"Walt Disney and OpenAI make for very odd bedfellows: The former is one of the most-recognized brands among children under the age of 18. The near-$200 billion company’s value has been derived from more than a century of aggressive safeguarding of its intellectual property and keeping the magic alive among innocent children.

OpenAI, which celebrated its first decade of existence this week, is best known for upending creativity, the economy, and society with its flagship product, ChatGPT. And in the last two months, it has said it wants to get to a place where its adult users can use its tech to create erotica.

So what the hell should we make of a just-announced deal between the two that will allow ChatGPT and Sora users to create images and videos of more than 200 characters, from Mickey and Minnie Mouse to the Mandalorian, starting from early 2026?"


Saturday, December 13, 2025

Authors Ask to Update Meta AI Copyright Suit With Torrent Claim; Bloomberg Law, December 12, 2025

, Bloomberg Law; Authors Ask to Update Meta AI Copyright Suit With Torrent Claim

"Authors in a putative class action copyright suit against Meta Platforms Inc. asked a federal judge for permission to amend their complaint to add a claim over Meta’s use of peer-to-peer file-sharing unveiled in discovery."

Friday, December 12, 2025

The Disney-OpenAI Deal Redefines the AI Copyright War; Wired, December 11, 2025

BRIAN BARRETT, Wired; The Disney-OpenAI Deal Redefines the AI Copyright War

 "“I think that AI companies and copyright holders are beginning to understand and become reconciled to the fact that neither side is going to score an absolute victory,” says Matthew Sag, a professor of law and artificial intelligence at Emory University. While many of these cases are still working their way through the courts, so far it seems like model inputs—the training data that these models learn from—are covered by fair use. But this deal is about outputs—what the model returns based on your prompt—where IP owners like Disney have a much stronger case

Coming to an output agreement resolves a host of messy, potentially unsolvable issues. Even if a company tells an AI model not to produce, say, Elsa at a Wendy’s drive-through, the model might know enough about Elsa to do so anyway—or a user might be able to prompt their way into making Elsa without asking for the character by name. It’s a tension that legal scholars call the “Snoopy problem,” but in this case you might as well call it the Disney problem.

“Faced with this increasingly clear reality, it makes sense for consumer-facing AI companies and entertainment giants like Disney to think about licensing arrangements,” says Sag."

Disney's deal with OpenAI is about controlling the future of copyright; engadget, December 11, 2025

Igor Bonifacic, engadget; Disney's deal with OpenAI is about controlling the future of copyright

"The agreement brings together two parties with very different public stances on copyright. Before OpenAI released Sora, the company reportedly notified studios and talent agencies they would need to opt out of having their work appear in the new app. The company later backtracked on this stance. Before that, OpenAI admitted, in a regulatory filing, it would be "impossible to train today's leading AI models without using copyrighted materials."

By contrast, Disney takes copyright law very seriously. In fact, you could argue no other company has done more to shape US copyright law than Disney. For example, there's the Sonny Bono Copyright Term Extension Act, which is more derisively known as the Mickey Mouse Protection Act. The law effectively froze the advancement of the public domain in the United States, with Disney being the greatest beneficiary. It was only last year that the company's copyright for Steamboat Willie expired, 95 years after Walt Disney first created the iconic cartoon."

Thursday, December 11, 2025

AI Has Its Place in Law, But Lawyers Who Treat It as a Replacement Can Risk Trust, Ethics, and Their Clients' Futures; International Business Times, December 11, 2025

Lisa Parlagreco, International Business Times; AI Has Its Place in Law, But Lawyers Who Treat It as a Replacement Can Risk Trust, Ethics, and Their Clients' Futures

"When segments of our profession begin treating AI outputs as inherently reliable, we normalize a lower threshold of scrutiny, and the law cannot function on lowered standards. The justice system depends on precision, on careful reading, on the willingness to challenge assumptions rather than accept the quickest answer. If lawyers become comfortable skipping that intellectual step, even once, we begin to erode the habits that make rigorous advocacy possible. The harm is not just procedural; it's generational. New lawyers watch what experienced lawyers do, not what they say, and if they see shortcuts rewarded rather than corrected, that becomes the new baseline.

This is not to suggest that AI has no place in law. When used responsibly, with human oversight, it can be a powerful tool. Legal teams are successfully incorporating AI into tasks like document review, contract analysis, and litigation preparation. In complex cases with tens of thousands of documents, AI has helped accelerate discovery and flag issues that humans might overlook. In academia as well, AI has shown promise in grading essays and providing feedback that can help educate the next generation of lawyers, but again, under human supervision.

The key distinction is between augmentation and automation. We must not be naive about what AI represents. It is not a lawyer. It doesn't hold professional responsibility. It doesn't understand nuance, ethics, or the weight of a client's freedom or financial well-being. It generates outputs based on patterns and statistical likelihoods. That's incredibly useful for ideation, summarization, and efficiency, but it is fundamentally unsuited to replace human reasoning.

To ignore this reality is to surrender the core values of our profession. Lawyers are trained not just to know the law but to apply it with judgment, integrity, and a commitment to truth. Practices that depend on AI without meaningful human oversight communicate a lack of diligence and care. They weaken public trust in our profession at a time when that trust matters more than ever.

We should also be thinking about how we prepare future lawyers. Law schools and firms must lead by example, teaching students not just how to use AI, but how to question it. They must emphasize that AI outputs require verification, context, and critical thinking. AI should supplement legal education, not substitute it. The work of a lawyer begins long before generating a draft; it begins with curiosity, skepticism, and the courage to ask the right questions.

And yes, regulation has its place. Many courts and bar associations are already developing guidelines for the responsible use of AI. These frameworks encourage transparency, require lawyers to verify any AI-assisted research, and emphasize the ethical obligations that cannot be delegated to a machine. That's progress, but it needs broader adoption and consistent enforcement.

At the end of the day, technology should push us forward, not backward. AI can make our work more efficient, but it cannot, and should not, replace our judgment. The lawyer who delegates their thinking to an algorithm risks their profession, their client's case, and the integrity of the justice system itself."

Trump Says Chips Ahoy to Xi Jinping; Wall Street Journal, December 10, 2025

The Editorial Board, Wall Street Journal; Trump Says Chips Ahoy to Xi Jinping

"President Trump said this week he will let Nvidia sell its H200 chip to China in return for the U.S. Treasury getting a 25% cut of the sales. The Indians struck a better deal when they sold Manhattan to the Dutch. Why would the President give away one of America’s chief technological advantages to an adversary and its chief economic competitor?"

Trump Signs Executive Order to Neuter State A.I. Laws; The New York Times, December 11, 2025

 , The New York Times; Trump Signs Executive Order to Neuter State A.I. Laws

"President Trump signed an executive order on Thursday that aims to neuter state laws that place limits on the artificial intelligence industry, a win for tech companies that have lobbied against regulation of the booming technology.

Mr. Trump, who has said it is important for America to dominate A.I., has criticized the state laws for generating a confusing patchwork of regulations. He said his order would create one federal regulatory framework that would override the state laws, and added that it was critical to keep the United States ahead of China in a battle for leadership on the technology."

Banning AI Regulation Would Be a Disaster; The Atlantic, December 11, 2025

 Chuck Hagel, The Atlantic; Banning AI Regulation Would Be a Disaster

"On Monday, Donald Trump announced on Truth Social that he would soon sign an executive order prohibiting states from regulating AI...

The greatest challenges facing the United States do not come from overregulation but from deploying ever more powerful AI systems without minimum requirements for safety and transparency...

Contrary to the narrative promoted by a small number of dominant firms, regulation does not have to slow innovation. Clear rules would foster growth by hardening systems against attack, reducing misuse, and ensuring that the models integrated into defense systems and public-facing platforms are robust and secure before deployment at scale.

Critics of oversight are correct that a patchwork of poorly designed laws can impede that mission. But they miss two essential points. First, competitive AI policy cannot be cordoned off from the broader systems that shape U.S. stability and resilience...

Second, states remain the country’s most effective laboratories for developing and refining policy on complex, fast-moving technologies, especially in the persistent vacuum of federal action...

The solution to AI’s risks is not to dismantle oversight but to design the right oversight. American leadership in artificial intelligence will not be secured by weakening the few guardrails that exist. It will be secured the same way we have protected every crucial technology touching the safety, stability, and credibility of the nation: with serious rules built to withstand real adversaries operating in the real world. The United States should not be lobbied out of protecting its own future."

Disney says Google AI infringes copyright “on a massive scale”; Ars Technica, December 11, 2025

RYAN WHITWAM , Ars Technica; Disney says Google AI infringes copyright “on a massive scale”

"Disney has sent a cease and desist to Google, alleging the company’s AI tools are infringing Disney’s copyrights “on a massive scale.”

According to the letter, Google is violating the entertainment conglomerate’s intellectual property in multiple ways. The legal notice says Google has copied a “large corpus” of Disney’s works to train its gen AI models, which is believable, as Google’s image and video models will happily produce popular Disney characters—they couldn’t do that without feeding the models lots of Disney data.

The C&D also takes issue with Google for distributing “copies of its protected works” to consumers."

Has Cambridge-based AI music upstart Suno 'gone legit'?; WBUR, December 11, 2025

, WBUR ; Has Cambridge-based AI music upstart Suno 'gone legit'?

"The Cambridge-based AI music company Suno, which has been besieged by lawsuits from record labels, is now teaming up with behemoth label Warner Music. Under a new partnership, Warner will license music in its catalogue for use by Suno's AI.

Copyright law experts Peter Karol and Bhamati Viswanathan join WBUR's Morning Edition to discuss what the deal between Suno and Warner Music means for the future of intellectual property."

Disney Agrees to Bring Its Characters to OpenAI’s Sora Videos; The New York Times, December 11, 2025

 , The New York Times; Disney Agrees to Bring Its Characters to OpenAI’s Sora Videos

"In a watershed moment for Hollywood and generative artificial intelligence, Disney on Thursday announced an agreement to bring its characters to Sora, OpenAI’s short-form video platform. Videos made with Sora will be available to stream on Disney+ as part of the three-year deal...

“The rapid advancement of artificial intelligence marks an important moment for our industry, and through this collaboration with OpenAI we will thoughtfully and responsibly extend the reach of our storytelling,” Robert A. Iger, the chief executive of Disney, said in a statement.

Disney is the first major Hollywood company to cross this particular Rubicon."

‘Ruined my Christmas spirit’: McDonald’s removes AI-generated ad after backlash; Agence France-Presse via The Guardian, December 10, 2025

Agence France-Presse via The Guardian; "Ruined my Christmas spirit’: McDonald’s removes AI-generated ad after backlash

"Melanie Bridge, the chief executive of the Sweetshop Films, the company which made the ad, defended its use of AI in a post on LinkedIn.

“It’s never about replacing craft, it’s about expanding the toolbox. The vision, the taste, the leadership … that will always be human,” she said.

“And here’s the part people don’t see: the hours that went into this job far exceeded a traditional shoot. Ten people, five weeks, full-time.”

But that too sparked online debate.

Emlyn Davies, from the independent production company Bomper Studio, replied to the LinkedIn post: “What about the humans who would have been in it, the actors, the choir?

“Ten people on a project like this is a tiny amount compared to shooting it traditionally live action.”

Coca-Cola recently released its own AI-generated holiday ad, despite receiving backlash when it did the same last year.

The company’s new offering avoids close-ups of humans and mostly features AI-generated images of cute animals in a wintry setting."

Wednesday, December 10, 2025

EU investigates Google over AI-generated summaries in search results; BBC, December 8, 2025

 Liv McMahon , BBC; EU investigates Google over AI-generated summaries in search results

"The Commission's investigation comes down to whether Google has used the work of other people published online to build its own AI tools which it can profit from."

AI firms began to feel the legal wrath of copyright holders in 2025; NewScientist, December 10, 2025

Chris Stokel-Walker , NewScientist; AI firms began to feel the legal wrath of copyright holders in 2025

"The three years since the release of ChatGPT, OpenAI’s generative AI chatbot, have seen huge changes in every part of our lives. But one area that hasn’t changed – or at least, is still trying to maintain pre-AI norms – is the upholding of copyright law.

It is no secret that leading AI firms built their models by hoovering up data, including copyrighted material, from the internet without asking for permission first. This year, major copyright holders struck back, buffeting AI companies were with a range of lawsuits alleging copyright infringement."

Tuesday, December 9, 2025

A.I. Videos Have Flooded Social Media. No One Was Ready.; A.I. Videos Have Flooded Social Media. No One Was Ready., December 8, 2025

 Steven Lee Myers and , The New York Times ; A.I. Videos Have Flooded Social Media. No One Was Ready.

Apps like OpenAI’s Sora are fooling millions of users into thinking A.I. videos are real, even when they include warning labels.

"Videos like the fake interview above, created with OpenAI’s new app, Sora, show how easily public perceptions can be manipulated by tools that can produce an alternate reality with a series of simple prompts.

In the two months since Sora arrived, deceptive videos have surged on TikTok, X, YouTube, Facebook and Instagram, according to experts who track them. The deluge has raised alarm over a new generation of disinformation and fakes.

Most of the major social media companies have policies that require disclosure of artificial intelligence use and broadly prohibit content intended to deceive. But those guardrails have proved woefully inadequate for the kind of technological leaps OpenAI’s tools represent."

Film Studios, News Media and Even Competitor LexisNexis Among the Nine Amicus Briefs Supporting Thomson Reuters’ Copyright Case Against ROSS; LawSites, December 8, 2025

Bob Ambrogi , LawSites ; Film Studios, News Media and Even Competitor LexisNexis Among the Nine Amicus Briefs Supporting Thomson Reuters’ Copyright Case Against ROSS

"The long-running copyright litigation between Thomson Reuters and ROSS Intelligence is now pending in the 3rd U.S. Circuit Court of Appeals for an interlocutory appeal of the trial judge’s rulings in favor of TR. 

Recently here, I reported on the 10 amicus curiae briefs filed in support of ROSS, all arguing that the now-defunct AI legal research startup did not violate copyright law. 

Now, nine amicus briefs have been filed in support of TR. Those filing briefs range from major movie studios such as Disney and Paramount, to news media and copyright organizations, to individual copyright law professors, and even to TR’s principal competitor LexisNexis."

Monday, December 8, 2025

Public Domain Day 2026 Is Coming: Here’s What to Know; Copyright Lately, December 7, 2025

 Aaron Moss, Copyright Lately ; Public Domain Day 2026 Is Coming: Here’s What to Know

"Regular observers of copyright law’s favorite holiday know the drill: on January 1, 2026, a new crop of creative works from 1930 (along with sound recordings from 1925) will enter the public domain in the United States—ready to be remixed, recycled, or repurposed into B-grade horror films and ill-advised erotica.

Happy Public Domain Day 2026

This year’s film class is stacked with classics: Howard Hughes’s aviation epic Hell’s Angels(Jean Harlow’s screen debut and, at the time, the most expensive movie ever made); The Big Trail, featuring John Wayne in his first starring role; Greta Garbo’s first talkie, Anna Christie; Bing Crosby’s film debut in King of Jazz; and 1930 Best Picture winner All Quiet on the Western Front. There’s plenty of comedy too, including the Marx Brothers’ Animal Crackers,Laurel and Hardy’s Another Fine Mess, and Soup to Nuts, best remembered for featuring an early iteration of the Three Stooges."

Saturday, December 6, 2025

Library Agency Reinstates Grants Canceled by Trump Administration; The New York Times, December 5, 2025

 , The New York Times; Library Agency Reinstates Grants Canceled by Trump Administration


[Kip Currier: Restoration of Institute of Museum and Library Services (IMLS) grants for libraries, archives, and museums -- cut earlier this year by Trump 2.0 -- is good news for people throughout the country whose lives are enriched by these vital institutions and community anchors.

What does it say about an administration that eliminates support for libraries, archives, and museums that provide free access to thousands of books and summer reading programs, historical records and exhibits, and life-enhancing programs like job seeking and AI literacy, but which will pump millions and millions of dollars into the building of a White House ballroom that no one voted for and only the very wealthiest will ever have access to?]


[Excerpt]

"The federal agency that supports the nation’s libraries has restored thousands of grants canceled by the Trump administration, following a federal judge’s ruling that the executive order mandating the cuts was unlawful.

The executive order, issued in March, said the Institute for Museum and Library Services, along with six other small agencies, must “be reduced to the maximum extent consistent with the applicable law.” Soon after, the agency put most of its staff of 70 on administrative leave, fired its board members and began informing grant recipients that their federal funding had been eliminated.

In April, the attorneys general of 21 states filed a lawsuit arguing that the cuts, which included roughly $160 million in funding for state library agencies, violated federal law.

John J. McConnell Jr., the chief judge of the U.S. District Court for the District of Rhode Island, ruled in their favor on Nov. 21, calling the administration’s moves “arbitrary and capricious.” Canceling funding appropriated by Congress, he said, violated the doctrine of separation of powers.

This week, the agency announced the restoration of “all federal grants” in a terse post on its website. The post made no reference to the court ruling."

The New York Times sues Perplexity for producing ‘verbatim’ copies of its work; The Verge, December 5, 2025

Emma Roth, The Verge; The New York Times sues Perplexity for producing ‘verbatim’ copies of its work

"The New York Times has escalated its legal battle against the AI startup Perplexity, as it’s now suing the AI “answer engine” for allegedly producing and profiting from responses that are “verbatim or substantially similar copies” of the publication’s work.

The lawsuit, filed in a New York federal court on Friday, claims Perplexity “unlawfully crawls, scrapes, copies, and distributes” content from the NYT. It comes after the outlet’s repeated demands for Perplexity to stop using content from its website, as the NYT sent cease-and-desist notices to the AI startup last year and most recently in July, according to the lawsuit. The Chicago Tribune also filed a copyright lawsuit against Perplexity on Thursday."

Friday, December 5, 2025

The New York Times is suing Perplexity for copyright infringement; TechCrunch, December 5, 2025

Rebecca Bellan , TechCrunch; The New York Times is suing Perplexity for copyright infringement

"The New York Times filed suit Friday against AI search startup Perplexity for copyright infringement, its second lawsuit against an AI company. The Times joins several media outlets suing Perplexity, including the Chicago Tribune, which also filed suit this week."

Thursday, December 4, 2025

OpenAI loses fight to keep ChatGPT logs secret in copyright case; Reuters, December 3, 2025

  , Reuters ; OpenAI loses fight to keep ChatGPT logs secret in copyright case

"OpenAI must produce millions of anonymized chat logs from ChatGPT users in its high-stakes copyright dispute with the New York Times and other news outlets, a federal judge in Manhattan ruled.

U.S. Magistrate Judge Ona Wang in a decision made public on Wednesday said that the 20 million logs were relevant to the outlets' claims and that handing them over would not risk violating users' privacy."

Lawsuit or License?; Columbia Journalism Review, December 4, 2025

, Columbia Journalism Review; Lawsuit or License?

"Today, the Tow Center for Digital Journalism is releasing a tracker that monitors developments between news publishers and AI companies—including lawsuits, deals, and grants—based on publicly available information."

New York Times Sues Pentagon Over First Amendment Rights; The New York Times, December 4, 2025

 , The New York Times ; New York Times Sues Pentagon Over First Amendment Rights

"The New York Times accused the Pentagon in a lawsuit on Thursday of infringing on the constitutional rights of journalists by imposing a set of new restrictions on reporting about the military.

In the suit, filed in the U.S. District Court in Washington, The Times argued that the Defense Department’s new policy violated the First Amendment and “seeks to restrict journalists’ ability to do what journalists have always done — ask questions of government employees and gather information to report stories that take the public beyond official pronouncements.”

The rules, which went into effect in October, are a stark departure from the previous ones, in both length and scope. They require reporters to sign a 21-page form that sets restrictions on journalistic activities, including requests for story tips and inquiries to Pentagon sources. Reporters who don’t comply could lose their press passes, and the Pentagon has accorded itself “unbridled discretion” to enforce the policy as it sees fit, according to the lawsuit."

Wednesday, December 3, 2025

Es Devlin’s Towering Beachfront Library Illuminates Miami Art Week; artnet, December 2, 2025

 Sarah Cascone, artnet ; Es Devlin’s Towering Beachfront Library Illuminates Miami Art Week

"Es Devlin’s The Library of Us has emerged as one of Miami Art Week’s most dramatic spectacles. The 20-foot-tall rotating bookshelf housing 2,500 books invites visitors to read and reflect in a quiet counterpoint to the frenzy of Art Basel. By day, it towers over the sands of Miami Beach, a triangular wedge of a bookshelf set within a circular pool of water, slowly rotating in the Florida sun. By night, it glows like a beacon, offering a mesmerizing tribute to the power of the written word.

Designed to serve as sculpture, library, and public gathering space, the work invites visitors to step onto a circular platform that rotates them into shifting proximity with strangers. As the interior circle spins, viewers will face different people on the outside, creating a social experience. Set just feet from the Atlantic, the piece doubles as a meditation on fragility—of culture, of knowledge, and the environment.

“What would the resonance of 4,000 books with differing points of view revolving together without disagreement be in this place in Miami. What would happen if encircling that library were water, rising waters?,” Devlin told guests at the opening for the ambitious work.

The artist’s nearly 20-foot-tall bookshelf represents a remarkable vision. Sure, everyone loves to bring a beach read down to the shore, but there’s something poignantly fragile about seeing an entire library within a stone’s throw of the ocean waves, pages and spines open to the salty breeze. But this apparent vulnerability seems fitting for this city on a tiny strip of land, the colorful hotels and vibrant restaurants increasingly at risk of flooding due to climate change and intensifying storms...

The 2,500 titles included are those she considers formative to her philosophy, life, and practice.

Where libraries are traditionally places of reverent silence, Devlin has created an audio track to accompany her monumental sculpture. She reads various quotes from the many titles included in the display—some of which have been banned by Florida schools, according to the artist. She’ll donate all the books to Miami public schools and libraries after the installation ends."

‘The biggest decision yet’; The Guardian, December 2, 2025

  , The Guardian; ‘The biggest decision yet’

"Humanity will have to decide by 2030 whether to take the “ultimate risk” of letting artificial intelligence systems train themselves to become more powerful, one of the world’s leading AI scientists has said.

Jared Kaplan, the chief scientist and co-owner of the $180bn (£135bn) US startup Anthropic, said a choice was looming about how much autonomy the systems should be given to evolve.

The move could trigger a beneficial “intelligence explosion” – or be the moment humans end up losing control...

He is not alone at Anthropic in voicing concerns. One of his co-founders, Jack Clark, said in October he was both an optimist and “deeply afraid” about the trajectory of AI, which he called “a real and mysterious creature, not a simple and predictable machine”.

Kaplan said he was very optimistic about the alignment of AI systems with the interests of humanity up to the level of human intelligence, but was concerned about the consequences if and when they exceed that threshold."

Bannon, top conservatives urge White House to reject Big Tech’s ‘fair use’ push to justify AI copyright theft: ‘Un-American and absurd’; New York Post, December 1, 2025

 Thomas Barrabi , New York Post; Bannon, top conservatives urge White House to reject Big Tech’s ‘fair use’ push to justify AI copyright theft: ‘Un-American and absurd’

"Prominent conservatives including Steve Bannon are urging the Trump administration to reject an increasingly popular argument that tech giants are using to rip off copyrighted material to train artificial intelligence.

So-called “fair use” doctrine – which argues that the use of copyrighted content without permission is legally justified if it is done in the public interest – has become a common defense for AI firms like Google, Mark Zuckerberg’s Meta and Microsoft who have been accused of ripping off work.

The argument’s biggest backers also include White House AI czar David Sacks, who has warned that Silicon Valley firms “would be crippled” in a crucial race against AI firms in China unless they can rely on fair use protection...

Bannon and his allies threw cold water on such claims in a Monday letter addressed to US Attorney General Pam Bondi and Michael Kratsios, who heads the White House’s Office of Science and Technology Policy.

“This is un-American and absurd,” the conservatives argued in the letter, which was exclusively obtained by The Post. “We must compete and win the global AI race the American way — by ensuring we protect creators, children, conservatives, and communities.”...

The conservatives point to clear economic incentives to back copyright-protected industries, which contribute more than $2 trillion to the US GDP, carry an average annual wage of more than $140,000 and account for a $37 billion trade surplus, according to the letter...

The letter notes that money is no object for the companies leading the AI boom, which “enjoy virtually unlimited access to financing” and are each valued at hundreds of billions, if not trillions of dollars.

“In a free market, businesses pay for the inputs they need,” the letter said. “Imagine if AI CEOs claimed they needed free access to semiconductors, energy, researchers, and developers to build their products. They would be laughed out of their boardrooms.”...

The letter is the latest salvo in a heated policy divide as AI models gobble up data from the web. Critics accuse companies like Google, Microsoft, OpenAI and Meta of essentially seeking a “license to steal” from news outlets, artists, authors and others that produce original work."

Court seems dubious of billion-dollar judgment for copyright infringement; SCOTUSblog, December 2, 2025

 , SCOTUSblog; Court seems dubious of billion-dollar judgment for copyright infringement

 "My basic reaction to the argument is that the justices would be uncomfortable with accepting the broadest version of the arguments that Cox has presented to it (that the ISP is protected absent an affirmative act of malfeasance), but Sony’s position seems so unpalatable to them that a majority is most unlikely to coalesce around anything that is not a firm rejection of the lower court’s ruling against Cox. I wouldn’t expect that ruling to come soon, but I don’t think there is much doubt about what it will say."

Tuesday, December 2, 2025

The case of the fake references in an ethics journal; Retraction Watch, December 2, 2025

 Retraction Watch ; The case of the fake references in an ethics journal

"Many would-be whistleblowers write to us about papers with nonexistent references, possibly hallucinated by artificial intelligence. One reader recently alerted us to fake references in … an ethics journal. In an article about whistleblowing.

The paper, published in April in the Journal of Academic Ethics, explored “the whistleblowing experiences of individuals with disabilities in Ethiopian public educational institutions.” 

Erja Moore, an independent researcher based in Finland, came across the article while looking into a whistleblowing case in that country. “I started reading this article and found some interesting references that I decided to read as well,” Moore told Retraction Watch. “To my surprise, those articles didn’t exist.”...

The Journal of Academic Ethics is published by Springer Nature. Eleven of the fabricated references cite papers in the Journal of Business Ethics — another Springer Nature title.

“On one hand this is hilarious that an ethics journal publishes this, but on the other hand it seems that this is a much bigger problem in publishing and we can’t really trust scientific articles any more,” Moore said."

Two AI copyright cases, two very different outcomes – here’s why; The Conversation, December 1, 2025

Reader in Intellectual Property Law, Brunel University of London , The Conversation; Two AI copyright cases, two very different outcomes – here’s why

"Artificial intelligence companies and the creative industries are locked in an ongoing battle, being played out in the courts. The thread that pulls all these lawsuits together is copyright.

There are now over 60 ongoing lawsuits in the US where creators and rightsholders are suing AI companies. Meanwhile, we have recently seen decisions in the first court cases from the UK and Germany – here’s what happened in those...

Although the circumstances of the cases are slightly different, the heart of the issue was the same. Do AI models reproduce copyright-protected content in their training process and in generating outputs? The German court decided they do, whereas the UK court took a different view.

Both cases could be appealed and others are underway, so things may change. But the ending we want to see is one where AI and the creative industries come together in agreement. This would preferably happen with the use of copyright licences that benefit them both.

Importantly, it would also come with the consent of – and fair payment to – creators of the content that makes both their industries go round."

Sean Combs: The Reckoning review – you can see why the musician is fighting to ban this horrific documentary; The Guardian, December 2, 2025

 , The Guardian; Sean Combs: The Reckoning review – you can see why the musician is fighting to ban this horrific documentary

"If its subject gets his way, the new documentary series Sean Combs: The Reckoning might not be available on Netflix for long. On Monday, lawyers on behalf of Combs sent a cease and desist letter to the streamer, demanding that the series be withdrawn based on the inclusion of footage that they claim violates copyright, and involves discussions of “legal strategy that were not intended for public viewing”."