Husband, father, & IP geek. JD, LLM, & Esquire. Senior Fellow, Forum for Intellectual Property, @HudsonInstitute. Member, @DC_Bar. #Hudson4IP

Oakton, Virginia
Joined October 2010
Today, I published a new white paper for @JoinFAI titled "Copyright, AI, and Great Power Competition." Copyright lawsuits are the greatest threat to the U.S. AI industry. If the U.S. is serious about leading the world in AI development and diffusion, we cannot ignore copyright.🧵
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Devlin Hartline retweeted
Ukrainian President @ZelenskyyUa sat down with @john_walters_ for a conversation on how Ukraine can secure the front line, defend its civilian population, and ensure a just and lasting peace at the negotiating table. Watch the full event: hudson.org/events/special-ad…
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Devlin Hartline retweeted
The Global Innovation Policy Center’s Jaci McDole shared a recap of the 3rd Annual Digital Piracy Symposium, noting that digital piracy has evolved beyond a traditional #copyright issue into a much broader threat. Read Jaci's post here to learn more: uschamber.com/intellectual-p…
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I’ll use the Supreme Court’s decision in Feist v. Rural as an example. Here’s a famous paragraph from the opinion. Tons of good stuff in there: fact/expression, originality, independent creation, minimal degree of creativity, creative spark, novelty. supremecourt.gov/pdfs/USRepo…
Funny how no one can ever seem to post an example. Can you? All the ones I find are just pull-quotes from the judgment.
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Those headnotes are divided into “facts” and “originality - novelty.” The fact/expression dichotomy is mentioned first. Each topic corresponds to several headnotes.
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It’s the same underlying paragraph from the Feist v. Rural opinion. But the headnotes differ in text, selection, coordination, and arrangement. There are countless original ways to summarize and organize the law.
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Sigh. This is from the @EFF amicus brief—and they have no idea if it’s even one of the headnotes at issue. See n.4: “Amici do not know whether this headnote is among the 2,243 headnotes at issue on appeal. It is provided here solely as an illustration.” storage.courtlistener.com/re…
For clarity, THIS is what they said is copyrighted.
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Devlin Hartline retweeted
“If an original work & a secondary use share the same or highly similar purposes, & the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.”
The Third Circuit's opinion in Thomson Reuters v. ROSS Intelligence is now available: www2.ca3.uscourts.gov/opinar… #copyright #ai #fairuse
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Devlin Hartline retweeted
First appeals court to rule on AI training: not fair use. Thomson Reuters v. ROSS, Third Circuit, unsealed today. "Unlike necessity, ease is not a justification for copying." Yikes. www2.ca3.uscourts.gov/opinar…
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The Third Circuit's opinion in Thomson Reuters v. ROSS Intelligence is now available: www2.ca3.uscourts.gov/opinar… #copyright #ai #fairuse
BREAKING: The Third Circuit affirmed Thomson Reuters' win over ROSS, the first appellate ruling on fair use in AI training. Westlaw's headnotes sit behind a paywall. The court's reasoning now sits behind a seal. My quick take: copyrightlately.com/thomson-…
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I sympathize. It really sucks when people just grab up your work without credit or payment and use it as a shortcut to make a product that might put you out of business.
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Devlin Hartline retweeted
BREAKING: News Plaintiffs in In re @OpenAI have just blasted the DoJ's fair-use favorable Statement of Interest in the case as "ill-informed," heedless of facts just unsealed and insufficiently consultative with and deferential to the © Office. Its arguments are radically flawed:
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Devlin Hartline retweeted
what’s annoying about the AI safety debate is that the “largest theft of labor in human history" is something that’s actually happening rn not a far off sci fi scenario
woah. Court just unsealed Summary Judgment motions in New York Times v OpenAI / Microsoft. Easy to see why the AI companies had so many redactions (pink). Their own people wrote the lede for NYT, the "largest theft of labor in human history"... "more and more substitutive..." /1
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Devlin Hartline retweeted
woah. Court just unsealed Summary Judgment motions in New York Times v OpenAI / Microsoft. Easy to see why the AI companies had so many redactions (pink). Their own people wrote the lede for NYT, the "largest theft of labor in human history"... "more and more substitutive..." /1
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Great event happening next week ⬇️
Don't forget to RSVP for our free webinar all about #American #innovation, "idea factories," and how strong #IP rights help turn ideas into new industries. 📅 Sept. 23, 2026 ⏰ 2:30 PM ET 🗣️ Hear from an all-star panel of experts For more details: us02web.zoom.us/webinar/regi…
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The complaint begins w/ a great analogy between AI companies and the Borg Collective. | “The Borg’s chilling catchphrase captures it plainly: ‘We are the Borg. Your biological and technological distinctiveness will be added to our own. Resistance is futile.’” #copyright
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