this post was submitted on 06 Oct 2026
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AI companies spent years treating copyright like a Terms of Service box nobody reads. Now a court has suggested that »we copied it to build a competing product« may not magically become fair use because you sprinkle AI on top. Turns out disruption is slightly less fun when the disrupted people have lawyers.
Unfortunately, Congress will end up doing whatever its paid to do.
As far as I can tell, the 3rd circuit is just one step below the Supreme Court. So unless they take the case it’s pretty stuck. Congress would have to go above and beyond to change the existing laws to allow it.
Also with midterms coming up congress is going to have a harder time passing a law. Especially if the republicans lose the house or the senate. Then they’d have to get the democrats and the republicans to play ball, vs just one currently.
IMO Disney and other copyright holders have more lobbying power than AI companies at this time.
That said, damages of a winning suit will end up being minuscule compared the revenue these companies have made from said piracy.
It’s hilarious that the final boss for AI could end up being The Mouse and Associates.
It feels disgusting to root for the copyright legions. Sign of the times.
Remember, Congress makes the laws that courts rule on.
Congress does change legislation for its buddies to get around the court system.
Gun manufacturers have their own little Congressional immunity from lawsuits, for instance, (PLCAA).
It's too late to change the legislation now. The piracy was commited under current law.
Yeah…no. This is going to the Supreme Court and there’s zero chance their right wing, Trump-choad-gargling asses don’t rule in favor of AI companies.