Until such time as the legal position is settled by a Judge in each case, the emotive use of terms like theft and purloined and stolen remain subjective accusations, not statements of proven fact.
The filing makes some important points about Meta’s alleged use of content from a known piracy website and how this weakens the fair use defence Meta is putting forward.
That may well be the case, but for most of the cases before the courts, the use of a piracy site and BitTorrent is not a prevalent feature, if at all, meaning the Meta case, whatever its outcome, should not be seen as typifying the other cases, which need to be determined on their own merits.
Until such time as the legal position is settled by a Judge in each case, the emotive use of terms like theft and purloined and stolen remain subjective accusations, not statements of proven fact.
Whatever the final outcomes, AI is here to stay and the industry would do well to focus on upskilling to meet the future, while simultaneously seeking celebrating legal clarification on past grievances when that comes, and thinking how reparations might be delivered if guilt is determined.
This post first appeared in the TNPS LinkedIn newsfeed.
