And yes by “we“ I very much include myself. A healthy society would exile these people to a circus sideshow and let themselves get their kicks where they can’t hurt anyone else. Instead we keep pushing them to the pinnacle of power because we just can’t wait to see what crazy thing they‘ll do next.

I guess this is also prime Free Press territory.

I bet MY will say it’s smart politics. He likes being a contrarian, even when it’s against his own contrarianism. My money is on Friedersdorf.

Credit where it’s due: this is actually worse. bsky.app/profile/corn...

It's pure Archie Bunkerism dressed up as legal scholarship. "Why should that guy get something when I didn't do anything to hurt him?"

I'm eager what you find! I am the furthest thing from an expert.

Exactly: they want to interpret fair use abstractly and universally. I'm outlining my disagreement with them. I understand their logic, but I don't buy it. IMO there's no reason to give up the flexibility the Copyright Act affords.

I get that. My point is "it's bad to restrict fair use even for bad applications because it will hurt good applications" is not a compelling argument when the Copyright Act lets us distinguish between types (and intents) of fair use from the jump.

One thing about this passage you quoted is that it's already the case in a lot of cases, as people who have worked on Eliot and Joyce et al. can attest. But also (on my layman's reading) the copyright act seems happy to contemplate that fair use might be different for an essay vs. an LLM.

I'm also interested! But on the other side of the fence. I'm very much not a lawyer, so could easily run headlong into some well-established bit of caselaw here, but I would emphasize that the fair use provisions of the copyright act aren't intended to be applied abstractly or universally.

Same goes for transcription. I do my own for my major interviews, because I want that material rattling around in my head. But sometimes I know, e.g., that I just need a line from a 30-minute conversation, and AI transcription is good enough to help me find it so I can transcribe it myself.