Blake E. Reid
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chup.blakereid.org
Blake E. Reid
@chup.blakereid.org

Simple country tech law professor, multidisciplinary dilettante. Ska, Crocs, fizzy water, chup. Need just one more guitar pedal. Someone is wrong on the Internet and it might be me. No legal or good advice; opinions my own, bad .. more

Reid is a surname of Scottish origin. It means "red".

Source: Wikipedia
Engineering 28%
Political science 28%

That implies I’m hiding it and not proudly displaying

Later, here’s @mrose.ink musing about potato farmers and McFlurry machines with @cfiesler.bsky.social and @aramsinn.bsky.social in the charred ruins of the courtroom
AI and the Future of Copyright Politics | Panel 2: Copyright Politics Beyond AI
YouTube video by Silicon Flatirons
youtu.be

Here’s my writeup of a new bill that would break up the Library of Congress and the U.S. Copyright Office, reinforcing the Library in Congress and handing the USCO over to the executive branch
The Copyright Office Leadership Fracas and the Legislative Branch Agencies Clarification Act – Blake E. Reid
blakereid.org

Reposted by Zen Faulkes

Here’s @sarahjeong.bsky.social somehow going even harder than the T-shirt at the AI-copyright conference: “[AI companies] have ushered in a wholesale destruction of human knowledge and culture that is as significant as the burning of the Library of Alexandria.”

I am returning from my Bluesky productivity-induction hiatus just to complain that this NYT headline falsely implies that Lego minifigs can be "beheaded" when in fact the heads *come* detached from the arms/torso in the box
Police Break Up Lego Theft Ring, Recovering Hundreds of Beheaded Figurines
www.nytimes.com

What we are seeing thus far out of at-scale AI-generated music is less major hits and more (a) comedy, (b) background muzak, and (c) pastiche that invokes direct infringement concerns. I suspect that trend will only increase as the novelty wears thin
You might be listening to AI music
Podcast Episode · Panic World · 09/10/2025 · 58m
podcasts.apple.com

Yes, fully agree: the rise of an AI market for any type of artistic work is very likely to spur countermarkets that further undercut the revenue of an AI market. (Cf. vinyl records.)

Or to put another way, are we really going to end up with closed loop platforms that generate outputs at industrial scale with no human inputs or users, just subscribers?

If the copyrightability problems *do* give rise to a lot of exact copying, taking that to the limit means devolving the music industry into a Muzak-producing chatbot/social network where the only revenue is access to the intermediary. Query whether that's enough of a market to cover the AI costs.

Maybe, but there are major secondarily liability, cost, and availability issues that are a long way from resolution on the use of the technology on the front end, strong political pressure from industrial publishers on distributors, and (maybe) market problems on the backend.

(For non-exact copies, the proliferation of partial AI authorship, and the uncertain line between AI tools and creation, is going to endlessly bedevil copyright infringement cases by layering patent claim-construction-style dynamics atop the already incoherent substantial similarity doctrine)

IMO, the notion that "AI generated works are not eligible for copyright protection" is true only in a formalistic sense—there are likely to be many works for which AI was used, perhaps even to a great degree, but in which *some* thin copyright still persists that suffices to go after exact copies.

Also: reminder that the underlying legal violation not being enforced is by app store and hosting companies, not TikTok itself. If the “deal” doesn’t satisfy the law, that violation continues.

Reposted by Reid

Also see disabilityecon.org which we'll be using to share research and news!

Anyway, I would not be surprised to see an emergency appeal to SCOTUS and another shadow docket ruling.

Moreover, the reporting on the firing suggests that it was premised on the Copyright Office's advisory report on AI to Congress, which is arguably a legislative (not executive) function.

Unfortunately, SCOTUS's inscrutable shadow docket order in Wilcox refers in consecutive sentences to "exercise [executive] power" and "exercise *considerable* executive power," and now confronts an agency that exercises *some* executive power but also performs *legislative* (and judicial) functions.

TLDR: the judges seemingly disagree over whether the preliminary injunction equities favor the government when a fired official only exercises *modest* executive power, or rather *any* at all.

[correction:] ICYMI, the DC Circuit on Wednesday effectively reinstated the Register of Copyrights (Pan and *Childs* with a per curiam order and concurrence, *Walker* dissenting). The dispute centers the salience of the Library of Congress' quasi-legislative/executive/judicial status under Wilcox.
storage.courtlistener.com

Reposted by Reid

Reposted by Reid, Rebecca Tushnet

New blog post with Internet Society: I argue Internet fragmentation is taking an "outward" turn, no longer just used for domestic or authoritarian purposes but for extending power across borders.

Short piece: pulse.internetsociety.org/blog/a-new-c...
Long piece: www.sciencespo.fr/public/chair...
A New Chapter in Internet Fragmentation
pulse.internetsociety.org

Reposted by Reid

The US government sued Uber today alleging the ride-hailing giant discriminates against people with disabilities. Highlights from the complaint in our story at CNBC - www.cnbc.com/2025/09/11/u... Uber denies the alleged ADA violations.
Uber sued by DOJ for alleged discrimination against disabled riders
The suit seeks a jury trial and injunctive relief, monetary damages and to charge Uber a civil fine for violations of the Americans with Disabilities Act.
www.cnbc.com