It’s 1999 all over again…or maybe 2009. John Naughton on the long arm of Silicon Valley

Remember this?

No place for Joe

Professor John Naughton writes a column for The Guardian about technology and humans. This week he writes “Europe’s AI crackdown looks doomed to be felled by Silicon Valley lobbying power” which is a good bookend to my MTP post about Eric Schmidt bragging he got the UK prime minister to “take the bait” of the Biden Administration’s artificial intelligence executive order that Schmidt & Co. apparently wrote. Mr. Naughton addresses AI legislation in Brussels, the capitol of the European Union and “Silicon Valley’s” lobbying power. Given Eric Schmidt’s history in Brussels when he was at Google (and successfully led Google’s acquisition team that acquired the competition authority for the European Union) my suspicion is that it’s really Google or Schmidt’s investment arm that’s actually doing the lobbying but I take Professor Naughton’s meaning.

Professor Naughton tells us that:

Wednesday [tomorrow] will be a fateful day in Brussels, a faraway city of which post-Brexit Britain knows little and cares less. It’s the day on which the EU’s AI proposals enter the final stages of a tortuous lawmaking process. The bill is a landmark (first in the world) attempt to seriously regulate artificial intelligence (AI) based on its capacity to cause harm and will soon be in the final phase of the legislative process – so-called “trilogues” – where the EU parliament, commission and council decide what should be in the bill, and therefore become part of EU law. Big day, high stakes, in other words.

And almost certain to be knocked down by Mr. Schmidt & Co. given that they can waive their recently acquired US executive order around as bait. The stakes are very high given the expense of hiring the coders who train the AI with massive datasets. Which naturally means that companies like Google and Microsoft can’t “afford” to pay for millions of copyrights they use to train. Kind of like Spotify can’t afford to pay artists fairly given the rent on World Trade Center.

These systems are astonishingly expensive to train and build: salaries for the geeks who work on them start at Premier League striker level and go stratospheric (with added stock options); a single 80GB Nvidia Hopper H100 board – a key component of machine-learning hardware – costs £26,000, and you need thousands of them to build a respectable system. Not surprisingly, therefore, there are only about 20 firms globally that can afford to play this game. And they have money to burn.

It was looking for a while like Europe would set an example to the world for how to regulate AI. That is, before Eric Schmidt wrote Joe Biden’s executive order because we can’t wait around for Congress to act like those stuffy Europeans. Once that idea sank in, Schmidt got right on it.

Suddenly, the French, German and Italian governments combined to advocate less intrusive regulation of foundation models. According to these three musketeers, what Europe needs is a “regulatory framework which fosters innovation and competition, so that European players can emerge and carry our voice and values in the global race of AI”. And so the right approach is not to impose legal regulation on the (mostly American) companies dominating the AI racket, but to allow self-regulation through “company pledges and codes of conduct”.

Now, son of a bitch, where have we heard that before?

Read the post on The Guardian.

@danieltencer: 3 OBSERVATIONS ON… THE SALE OF BMI (AND GOOGLE’S ENTRANCE INTO MUSIC RIGHTS MANAGEMENT)

Yet there’s another aspect of the New Mountain deal that is already drawing significant attention: it will see Alphabet Inc., the parent company of Google and YouTube, acquire a minority stake in BMI via its independent growth fund, CapitalG.

The fact this news emerged just two days before MBW uncovered Google’s recent submission to the US Copyright Office – in which the Big G argues that the ingestion of copyrighted music into generative AI platforms is “fair use” – tells its own story.

Read the post on Music Business Worldwide

Justice, Thy Name is Kathy: NY @GovKathyHochul Vetoes the Metashills’ Illegal Library Compulsory License — Music Technology Policy

Remember that illegal New York compulsory license for books that Big Tech tried to sneak through the New York Legislature? Vetoed by the Governor.

Justice, Thy Name is Kathy: NY @GovKathyHochul Vetoes the Metashills’ Illegal Library Compulsory License — Music Technology Policy

@SamTalksIP: What the Legal Community is Saying About the Google v. Oracle Decision

[Editor Charlie sez: this is an important roundup of commentary about the Supreme Court’s failing in the Google v. Oracle case.]

On April 5, the Supreme Court published its decision in Google v. Oracle, a case that many expected to make a substantial impact in copyright law, specifically in how software code is protected. While the decision appears to have very limited applicability, many in the copyright community voiced concerns regarding how the case was decided and what the decision’s potential ramifications are. Below is a compilation of various reactions to this decision…

Read the post on Copyright Alliance

@SchneiderMaria Comes for YouTube With Class Action

We are thrilled to report that composer and big band leader Maria Schneider has sued YouTube in the prelude to a class action.  It’s worth pointing out that this is the first time since the Viacom case that the creative community has taken on the Leviathan of Mountain View.  It’s also worth pointing out that Google won’t be able to buy their way out of this one the way they have the others, they can’t give a job to somebody’s child, it’s just not going to go the usual way that Google thrives on corruption.  The complaint is really well-written (as we would expect) and tells the all-too-familiar compelling story of the struggle of artists to deal with YouTube’s “whack-a-mole” business model (or what Chris sometimes calls the “ennui of learned helplessness”:

This case is about copyright piracy. YouTube, the largest video-sharing website in the world, is replete with videos infringing on the rights of copyright holders. YouTube has facilitated and induced this hotbed of copyright infringement through its development and implementation of a copyright enforcement system that protects only the most powerful copyright owners such as major studios and record labels.

Plaintiffs and the Class are the ordinary creators of copyrighted works. They are denied any meaningful opportunity to prevent YouTube’s public display of works that infringe their copyrights—no matter how many times their works have previously been pirated on the platform. They are thus left behind by YouTube’s copyright enforcement system and instead are provided no meaningful ability to police the extensive infringement of their copyrighted work. These limitations are deliberate and designed to maximize YouTube’s (and its parents Google’s and Alphabet’s) focused but reckless drive for user volume and advertising revenue.

Moreover, the Plaintiffs and the Class are not only prevented from using any meaningful enforcement tool, but the system in place actually exacerbates the harms caused to them including in a manner that bars Defendants from the protections of any safe harbors under applicable copyright laws such as the Digital Millennium Copyright Act (“DMCA”).

Read the complaint here.