Tag: intellectual property
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AI training on copyrighted work isn’t fair use no matter what tech says
Tech companies argue training AI on copyrighted work is fair use. The legal foundation is shakier than they let on, and the courts are starting to notice.
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Fair use is a defense, not a right, and creators don’t understand the difference
Fair use is a legal defense, not a permission slip. The distinction is the reason creators keep losing cases they thought they would win easily.
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Trademark bullying is the most common form of corporate abuse nobody covers
Trademark bullying lets large companies erase small competitors using legal threats they could never win at trial. Coverage is sparse because it works.
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AI training on copyrighted work is obviously fair use and creators are panicking
The legal case for AI training as fair use is stronger than most creators realize. The economic anxiety is real, but it isn’t a copyright problem.
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The legal battles over who owns the rights to a monkey’s selfie
A macaque pressed a shutter button and started a years-long legal fight over copyright, animal rights, and what it means to be the author of an image.
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Trade secret law is being weaponized against worker mobility
Trade secret law was meant to protect formulas and code. It’s increasingly used to lock workers out of their own careers when noncompetes fail.
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Copyright law has been hijacked by Disney and we keep extending it
Every time Mickey Mouse approaches public domain, Congress extends copyright. The 1998 extension distorted creative culture for generations, and the next push is coming.
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Cease-and-desist letters are usually bluffs and lawyers know it
Cease-and-desist letters look terrifying by design, but most are theatrical. Here’s why lawyers send them and why receiving one rarely means you’ll be sued.
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Software patents shouldn’t exist
Software patents were sold as innovation incentives. The evidence shows they tax innovation, enable trolls, and protect incumbents. Here’s the case against them.
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Patent trolls are a feature of the system, not a bug
Non-practicing entities cost the U.S. economy tens of billions a year. They thrive because the patent system was designed to let them — and reform keeps stalling.