YouSaid · the spoken record
Neil Patel
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- 56
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- 2024-02-15
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- 2024-02-15
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- 1
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“I mean, we lived through Napster, right? Like, we like it's, it, which is weird because these CEOs also lived through Napster, but maybe they didn't, like maybe they're from another universe. But yeah, like it's the level of copyright direness in these cases, the effects on existing industries plus how applicable law is lining up. It's got Napster vibes to it. And when Napster happened to the law, entire companies went bust, entire industries went bust, copyright changed forever in a way that was not great. It was an extinction level event and AI has a similar thing going on there.”
2024-02-15 · Decoder with Nilay Patel · How AI copyright lawsuits could make the whole industry go extinct · IDENTIFIED FROM THE TRANSCRIPT
“My read when I talk to the CEOs is that they think this is a money problem, that something's going to happen and there are general counsels and their policy people are going to walk through some court cases and maybe get some policy changes passed in Congress and they'll have to pay some money, but it will be fine. And in the end, the money is always fine. You are an extinction level event. I'm feeling like the noise I'm hearing indicates extinction level event. Why do you think it's that bad?”
2024-02-15 · Decoder with Nilay Patel · How AI copyright lawsuits could make the whole industry go extinct · IDENTIFIED FROM THE TRANSCRIPT
“It feels like there's sort of a potential extinction level event on the horizon. It's pretty weird because all the lawyers seem to think so. And for whatever reason, like the CEOs don't seem to think so.”
2024-02-15 · Decoder with Nilay Patel · How AI copyright lawsuits could make the whole industry go extinct · IDENTIFIED FROM THE TRANSCRIPT
“It's anyone's guess how a lot of copyright lawsuits are going to go. Many of them feel like a coin flip. And when you add in the amount of hype, uncertainty, and money that comes with AI, I think it gets even more complicated. So I wanted Sarah to come on and help me explain what's going on to everyone. Sarah is one of my very favorite people to talk to you about copyright law. I promise you we didn't get totally off the rails nerding out about it, but we went a little off the rails. But we had to start at the start. The first thing we had to figure out was how big a deal are these AI copyrighted lawsuits?”
2024-02-15 · Decoder with Nilay Patel · How AI copyright lawsuits could make the whole industry go extinct · IDENTIFIED FROM THE TRANSCRIPT
“Clips of movies in video criticism of movies. And you can make copies of articles to share in a classroom. There's a long list of these things in the Copyright Act, but since the law can't list or predict everything that people might want to do, it also has a four-factor test written into it that courts can use to determine if a copy is fair use or not. But here's the thing about the legal system in general and fair use specifically. It is not deterministic or predictable. I know we have a lot of engineers and product managers in the Dakota audience, and it's tempting to think about the legal system like a computer that you put in some inputs and you can predictably get some outputs. But that's not how it works at all. And it is especially not how fair use works. Every court gets to run that four-factor fair use test any way they want. And one court's fair use determination isn't actually precedent for the next court. That means fair use is a very vibes-based situation.”
2024-02-15 · Decoder with Nilay Patel · How AI copyright lawsuits could make the whole industry go extinct · IDENTIFIED FROM THE TRANSCRIPT
“Images have filed copyright lawsuits against those AI companies, saying that basically they've stolen their work and are profiting from it, a claim that amounts to straightforward copyright infringement. I made something, you made a copy without my permission, that's copyright infringement. If there's one thing to know about copyright law, it's that it's still very much rooted in the idea of making copies and regulating which copies are legal and which aren't. And since computers can't do anything at all without making copies, copyright loss shows up again and again in the history of computing, and especially the history of the internet, which allows anyone to make and distribute perfect copies faster than ever before. But there's a check on all of the control that copyright law provides, fair use. Fair use is written right into the copyright act, and it says that certain kinds of copies are okay. You can quote things, you can quote books in commentary about books, you can run”
2024-02-15 · Decoder with Nilay Patel · How AI copyright lawsuits could make the whole industry go extinct · IDENTIFIED FROM THE TRANSCRIPT