Puisque le droit d’auteur ne semble plus protéger les contenus, nous allons entrer dans l’enfer des #DRM. Adieu le #fairdealing et le #fairuse, et les exceptions #enshittification
https://mastodon.social/@Theeo123/115011675369347490

#Anthropic apparently claimed «it cost Google $34.5 million "to set up a 'Books Rights Registry' to identify owners for payouts under the proposed settlement" in one of the largest cases involving book authors prior to the AI avalanche of lawsuits».
https://arstechnica.com/tech-policy/2025/08/ai-industry-horrified-to-face-largest-copyright-class-action-ever-certified/

Did that actually happen? I thought not. The registry was part of the proposed settlements which were rejected.
https://en.wikipedia.org/wiki/Authors_Guild,_Inc._v._Google,_Inc.#District_trial

I trust #InternetArchive with government documents more than I do the government! (Or #AI for that matter...)

Internet Archive is now an official #USGovernment document #library

by Steve Dent
Fri, July 25, 2025

"The US Senate has granted the Internet Archive federal depository status, making it officially part of an 1,100-library network that gives the public access to government documents, #KQED reported. The designation was made official in a letter from California Senator Alex Padilla to the Government Publishing Office that oversees the network. 'The Archive's digital-first approach makes it the perfect fit for a modern #FederalDepositoryLibrary, expanding access to federal government publications amid an increasingly digital landscape,' he wrote.

"Established by Congress in 1813, the Federal Depository Library Program is designed to help the public access government records. Each congressional member can designate up to two libraries, which include government information like budgets, a code of federal regulations, presidential documents, economic reports and census data.

"With its new status, the Internet Archive will be gain improved access to government materials, founder Brewster Kahle said in a statement. 'By being part of the program itself, it just gets us closer to the source of where the materials are coming from, so that it’s more reliably delivered to the Internet Archive, to then be made available to the patrons of the Internet Archive or partner libraries.' The Archive could also help other #libraries move toward #DigitalPreservation, given its experience in that area.

"It's some good news for the site which has faced legal battles of late. It was sued by major #publishers over loans of #DigitalBooks during the #Coronavirus epidemic and was forced by a federal court in 2023 to remove more than half a million titles. And more recently, major music labels filed lawsuits over its #Great78Project that strove to preserve #78RPM records. If it loses that case it could owe more than $700 million damages and possibly be forced to shut down.

"The new designation likely won't aid its legal problems, but it does affirm the site's importance to the public. 'In October, the Internet Archive will hit a milestone of 1 trillion pages,' Kahle wrote. 'And that 1 trillion is not just a testament to what libraries are able to do, but actually the sharing that people and governments have to try and create an #EducatedPopulace.' "

https://tech.yahoo.com/general/articles/internet-archive-now-official-us-123036550.html

Like the Right to Repair, we have a Right to Archive. Copyright laws around the world must change, to make it clear that noncommercial archiving of born-digital, published artifacts is Fair Use/ Dealing, and exempt from all copyright claims.

The alternative is to let the powerful run their own versions of the Ministry of Truth, and stuff any digital artifact that's inconvenient to them down the memory hole.

https://mastodon.nzoss.nz/@strypey/114992084802325912

(1/2)

This man took cute #cat photos before the internet was invented

https://edition.cnn.com/style/article/pixel-walter-chandoha/index.html

#WalterChandoha #Photography #Nature #Cats #CatsOfMastodon #FairUse #FediCat.

This man took cute #cat photos before the internet was invented

https://edition.cnn.com/style/article/pixel-walter-chandoha/index.html

#WalterChandoha #Photography #Nature #Cats #CatsOfMastodon #FairUse #FediCat.

Microsoft tries to keep its consumer Copilot out of New York Times AI copyright case - Mustafa Suleyman, Microsoft AI CEO, leads the consumer Copilot team. (GeekWire Fi... - https://www.geekwire.com/2025/microsoft-tries-to-keep-its-consumer-copilot-out-of-new-york-times-ai-copyright-case/ #artificialintelligence #aicopyrightlawsuit #mustafasuleyman #newspublishers #ailitigation #inflectionai #newyorktimes #microsoftai #consumerai #microsoft #copilot #fairuse #techlaw #gpt-4o #openai

News Summary: U.S. Senate Hearing Tackles AI’s Use of Copyrighted Works

I have reported on what seems like a weekly basis on legal cases around AI and copyright, but this week I want to report on a hearing held in the legislative branch of the U.S. government. Before doing so, being an ignorant Brit, I undertook some brief research…
https://selfpublishingadvice.org/senate-hearing-tackles-ai/

#AIcopyrighthearing #AItrainingdata #DavidBaldacci #FairUse #MariaPallante
@indieauthors

"Moving from the above, this study investigates whether and to what extent unlicensed AI training activities could be undertaken by relying, not on Article 4 DSMD as transposed into national law or a hypothetical reform of the UK system of exceptions, but rather on what appear to be so far potentially overlooked defences. Reference is made specifically to research and education exceptions, notably Article 3 DSMD and Article 5(3)(a) of Directive 2001/29 (InfoSoc Directive), also read in light of Article 5 DSMD. The discussion of other jurisdictions – including the US and countries, like South Korea and Singapore, which have adopted open-ended fair use-style defences – is also undertaken. This is done to determine whether unlicensed AI training, including training seemingly done for the purpose of research or education/learning, might be considered lawful.

In light of the context summarized above, the study tackles two key questions: (a) whether unlicensed AI training may be classified as “research” or even “learning” in the context of “teaching,” and (b) whether commercial AI developers may take advantage of the provisions above. Ultimately, both questions are answered in the negative, finding that no exception or open-ended defence fully covers unlicensed AI training activities. As a result, a licensing approach (and culture) appears to be the way for AI training to be undertaken lawfully, including when this is done for “research” and “learning.”"

https://www.cambridge.org/core/journals/european-journal-of-risk-regulation/article/copyright-exceptions-and-fair-use-defences-for-ai-training-done-for-research-and-learning-or-the-inescapable-licensing-horizon/752DF1DB564AD1EDFE23BA8BB1110802

"While the risk of a billion-dollar-plus jury verdict is real, it’s important to note that judges routinely slash massive statutory damages awards — sometimes by orders of magnitude. Federal judges, in particular, tend to be skeptical of letting jury awards reach levels that would bankrupt a major company. As a matter of practice (and sometimes doctrine), judges rarely issue rulings that would outright force a company out of business, and are generally sympathetic to arguments about practical business consequences. So while the jury’s damages calculation will be the headline risk, it probably won’t be the last word.

On Thursday, the company filed a motion to stay — a request to essentially pause the case — in which they acknowledged the books covered likely number “in the millions.” Anthropic’s lawyers also wrote, “the specter of unprecedented and potentially business-threatening statutory damages against the smallest one of the many companies developing [large language models] with the same books data” (though it’s worth noting they have an incentive to amplify the stakes in the case to the judge).

The company could settle, but doing so could still cost billions given the scope of potential penalties."

https://www.obsolete.pub/p/anthropic-faces-potentially-business

Trump Rejects Idea of Paying Copyright Holders for AI Training: ‘It Just Doesn’t Work That Way’ https://variety.com/2025/politics/news/trump-rejects-ai-training-compensation-1236468459/ #copyright #AI #fairuse #licensing #litigation #uslaw #uspol

https://actualitte.com/article/125062/international/audiolivre-la-justice-lui-rabat-le-caquet-trump-a-les-oreilles-qui-sifflent
#Audiolivre
#TheTrumpTapes rassemble 19 entretiens réalisés entre décembre 2019 et août 2020, & une sélection de lettres avec #KimJongun, #Trump réclame une indemnisation de 50M$ argument de la défense : Trump, en tant que président, ne peut revendiquer les droits d’auteur sur les paroles prononcées dans l’exercice de ses fonctions ; ce type d’entretiens appartient au #domainepublic ou relève du #fairuse journalistique.

News Summary: Anthropic Wins Fair Use Ruling on AI Training, but Faces Billions over Pirated Library

The big news this week is that there has been a ruling in one of the major AI copyright cases, and the tech industry at this stage seems to have the most to cheer. But while there are implications for other claims, this is not a once-and-done case by any…
https://selfpublishingadvice.org/anthropic-wins/

#AIcopyrightruling #Anthropic #ClaudeAI #FairUse #piratedbooks
@indieauthors

The Pros and Cons of Writing Fan Fiction

Fan fiction is everywhere, from the depths of online archives to the origin stories of bestselling authors. While it can be a powerful way to practice your craft and build a fanbase, it also exists in a legal and creative gray area that every writer should understand. Fair use protections only go so far, as…
https://www.hiddengemsbooks.com/pros-cons-of-writing-fan-fiction/

#ForAuthors #WritingCraft #creativeip #fairuse #fanfic
@indieauthors

Two Courts Rule On Generative AI and Fair Use https://www.eff.org/deeplinks/2025/06/two-courts-rule-generative-ai-and-fair-use-one-gets-it-right The EFF prefers Alsup J's approach. #copyright #AI #fairuse

Meta wins AI copyright lawsuit as US judge rules against authors https://www.theguardian.com/technology/2025/jun/26/meta-wins-ai-copyright-lawsuit-as-us-judge-rules-against-authors
Writers accused Facebook owner of breach over its use of books without permission to train its AI system #copyright #AI #fairuse #uslaw #uspol

Anthropic did not breach copyright when training AI on books without permission, court rules
https://www.theguardian.com/technology/2025/jun/25/anthropic-did-not-breach-copyright-when-training-ai-on-books-without-permission-court-rules
Judge William Alsup compared the Anthropic model’s use of books to a “reader aspiring to be a writer” who uses works “not to race ahead and replicate or supplant them” but to “turn a hard corner and create something different”.

Alsup added, however, that Anthropic’s copying and storage of more than 7m pirated books in a central library infringed the authors’ copyrights and was not fair use – although the company later bought “millions” of print books as well. The judge has ordered a trial in December to determine how much Anthropic owes for the infringement. #copyright #AI #fairuse #uslaw #uspol

It's not so much that #CreativeCommons is giving up in advance on the #AIcopyright issue—it looks like the decision-makers there sincerely believe that training is #fairUse, copyright should be limited, and so on

But most _users_ of CC licenses (authors, artists…) seem to have different beliefs—if an oligarch's murder robot is after me, I would pick up an "unclean" tool to fight them

IMHO we need an alternate license steward that's willing to better reflect user norms https://blog.zgp.org/fair-use-alignment-chart/

Key #fairuse ruling clarifies when books can be used for #AI training - https://arstechnica.com/tech-policy/2025/06/key-fair-use-ruling-clarifies-when-books-can-be-used-for-ai-training/ " In landmark ruling, judge likens AI training to schoolchildren learning to write. "