Link: https://pivot-to-ai.com/2026/10/16/us-third-circuit-ai-training-not-fair-use-after-all/

Anthropic on tenterhooks

https://www.youtube.com/watch?v=yYp5RCRVTl4&list=UU9rJrMVgcXTfa8xuMnbhAEA - video
https://www.patreon.com/davidgerard/posts/podcast-not-172570904 - podcast (free)

time: 5 min 10 sec

@dgerard hachette vs IA was unambiguous on this

what did that have to do with AI or ML?

@dgerard it set legal precedent on taking a copyrighted work out of its original context. scanning texts for upload is very similar to the search interface provided by the google books case which is very similar to AI training

Oh, just watch, lawyers can find very creative ways of splitting hairs. "The output was sufficiently transformed from the training inputs to be considered an original work". The one legal question that I think will be a tougher hurdle for them to overcome will be whether AI output can be copyrighted, although I don't know how much tougher. I happen to think that that one will require houdini-like contortions to justify granting it copyright protections, but I'm not sure. Again, lawyers can get very creative.

@dgerard i produced incredibly lengthy threads on this exact topic if you'd like me to link them

id take a look if you have them

@theodoraward first one circumstances.run/@hipsterelec

@theodoraward second one circumstances.run/@hipsterelec