Whence Copyright Prosecutions?

It wasn't too long ago that we all had to walk on eggshells to make sure we did not overuse quotations from copyrighted material. We need to make sure that we fell within the fair use doctrine.  Four years ago, I was tagged by Getty (to the tune of $600) for using one photo in a powerpoint I created to illustrate a point (they didn't buy my fair use argument and I didn't want to risk a much higher potential fee (and attorneys' fees) by challenging them in court.

Fast forward, in this day and age of AI, what ever happened to copyright?  Is it, as Balzac wrote: ""Laws are spider webs through which the big flies pass and the little ones get caught"?

And consider [with help from Grok here] some of the surreal scenes along the way, especially the "suicide" of Suchir Balaji, a 26-year-old former OpenAI researcher and whistleblower who publicly criticized the company's use of copyrighted data to train AI models like ChatGPT. He was found dead in his San Francisco apartment on November 26, 2024, in what authorities initially ruled a suicide with no evidence of foul play. Balaji had left OpenAI in August 2024 after four years, citing ethical concerns over potential violations of U.S. copyright law in the firm's data practices, and he was reportedly being considered as a witness in ongoing lawsuits against the company, including those from The New York Times. His death sparked controversy when his parents questioned the suicide determination, filing a lawsuit against San Francisco in February 2025 to challenge the police investigation and seek further details, amid persistent doubts from the family and public figures like Elon Musk and Tucker Carlson, who speculated on podcasts and interviews that it might have been murder despite official findings. No conclusive evidence supporting foul play has emerged, and the case remains a point of debate in tech and AI ethics circles.

Must watch video: Tucker Carlson interviewing OpenAI's Sam Altman on this "suicide" (start at min 19):

And now, Lee Fang asks what happened to copyright enforcement in this age of AI. Excerpt from "What Happened to Piracy? Copyright Enforcement Fades as AI Giants Rise."

Much has changed since advances in artificial intelligence have made the technology the focal point of Silicon Valley innovation. Smith is now president of Microsoft, and the company and its partner OpenAI—which exclusively runs on Microsoft’s Azure cloud computing network and was backed with $13.75 billion in investment funds from Microsoft—are at the center of a very different type of copyright dispute. This time, as the power of the tech industry still looms over Washington, D.C., prosecutors are less interested in going after those suspected of engaging in illegal downloads of copyrighted work.

That is because it is now the tech giants that are accused of exploiting pirated content on an industrial scale. Meta, Anthropic, Microsoft, Google, xAI, and OpenAI are competing to vacuum up as much data as humanly possible in a race to develop their respective AI models. The most prized training data, it turns out, are vast quantities of copyrighted material, largely in the form of published works such as academic articles, novels, and nonfiction books.

After decades of FBI warnings about copyright violations and the dangers of piracy, suddenly the federal government is no longer interested in such crimes. That has left law enforcement in the hands of civil litigation class actions, many of which have been filed by authors and writers noting that tech giants are now plundering their works for AI training without authorization, payment, or notification.

The court cases have cast a spotlight on a stratospheric level of hypocrisy.

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On the stealing of jokes and cryptomnesia

What is a trope? The website TV Tropes explains:

A trope is a storytelling device or convention, a shortcut for describing situations the storyteller can reasonably assume the audience will recognize. Tropes are the means by which a story is told by anyone who has a story to tell.
How often have you watched a new movie or TV show and noticed that it is drenched in tropes? I notice this constantly. TV shows and movies resemble other movies and shows so often that some have written, tongue in cheek, that there are actually only an extremely limited number of plots. Are there only seven plots? Are there only six plots? [More . . . ]

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Conflicting copyright instructions from legal research company

Thomson Reuters (formerly West Publishing) sent me a DVD with Missouri Jury Instructions today. The DVD comes with a document called "Forms on Disc Guide." That document gives me the following advice:

Although you may access the forms directly from the disc, we recommend you create a directory on your hard drive and copy the contents of the disc into that directory. The forms can then be accessed from your hard drive and the disc can be kept with the book for safe keeping.
Sounds like good advice. But wait! The Copyright Notice, another document on the same DVD, contains this warning:
© 2016 Thomson Reuters. No claim to original U.S. Govt. works. All rights reserved. The data on the disc is licensed by West, part of Thomson Reuters, and no part of the data may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise reproduced, stored, disseminated, transferred, or used in any form or by any means, including, but not limited to, use by multiple users on a wide-area network, local area network, intranet, or extranet, or similar method of distribution, without prior written permission. Any authorized reproduction of any part of the data must contain notice of copyright as follows: © 2016 Thomson Reuters. No claim to original U.S. Govt. works.
Therefore, Thomson is 1) telling me to copy its jury instruction forms onto my hard drive AND 2) telling me that if I have "copied" or "downloaded" this information on my "retrieval system" I would be in violation of copyright laws, unless I have first obtained "prior written permission" from Thomson Reuters. This second warning is especially silly in that the whole purpose of having jury instruction "Forms" is to copy them as part of the process of using those forms to prepare jury instructions, and then "transmitting" those instructions to a court and other attorneys for use at trial. All of this not carefully thought out by one of the world premier providers of legal products to lawyers.

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Why copyright laws don’t actually protect many content owners

Sad story here by Alex Wild, nature photographer, who has been a constant victim of infringement despite the existence of copyright laws. How overwhelming is his battle?

For a concise idea of what could go wrong, let me indulge in a list of recent venues where commercial interests have used my work without permission, payment, or even a simple credit: Billboards, YouTube commercials, pesticide spray labels, website banners, exterminator trucks, t-shirts, iPhone cases, stickers, company logos, eBook covers, trading cards, board games, video game graphics, children’s books, novel covers, app graphics, alt-med dietary supplement labels, press releases, pest control advertisements, crowdfunding promo videos, coupons, fliers, newspaper articles, postage stamps, advertisements for pet ants (yes, that’s a thing), canned food packaging, ant bait product labels, stock photography libraries, and greeting cards. Yesterday evening, while Googling insect references in popular culture, I discovered that a small Caribbean island helped itself to a photograph I took in 2008. My photo shows a slave-raiding ant, a fascinating species that survives as a parasite on the labor of other ants. But the image had been imprinted on the back of a commemorative one-cent piece. Perhaps symbolically, this is one cent more than I received for my part in bringing the coin to the public.

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