Recently, the Justice Department issued a Statement of Interest about copyright infringement litigation in the Southern District of New York. The company I lead, Ziff Davis, is one of the plaintiffs in the case. This opinion piece is not about arguing the law – that’s better left to the lawyers – but about claims made by the government relating to business and markets. Claims that frame the government’s unusually strong interest in the case.
The government’s brief declares that it would be “significantly more difficult to develop a robust AI industry” if frontier labs need to enter into licensing agreements. But dozens of agreements have already been announced between publishers and those frontier labs, most notably OpenAI. In fact, the government concedes, in a footnote, that it “takes no position on whether a licensing regime would be financially or logistically feasible” and that “both mainstream and independent publishers could enter (and have entered) into licensing agreements.” So, where exactly is the difficulty? What onerous obligation are we placing on frontier labs that would slow their progress?
