1/8 My analysis of Bartz v. Anthropic highlights a key fair use ruling for generative AI. Judge Alsup found that using copyrighted works to train LLMs for new text generation was "quintessentially transformative" under copyright law.

RT @KatieFCC: Good thing the FCC is clearing the way to upgrade outdated infrastructure.

RT @ericfruits: Is there really a labor market monopsony in the MNO market?. Short answer: Probably not. A 🧵 on the latest Brattle Group….

Zuck’s vision for super intelligence reminds me of the optimism of old school Sci fi. I appreciate that.

RT @MBarczentewicz:

RT @IAtheTeapot: What's up with the AI Action Plan? @kristianstout read it and has the TL;DR for you. https://t.co/….

Check out my latest article: America’s AI Action Plan: Full-Stack Support, Geopolitical Intent, and a Notable Omission

Overall this is a really promising step forward. As always, there are quibbles, but even the promised "anti-woke" measures don't present unreasonably/in a way that will run afoul of the 1A. And if the funding piece can be used to deter states from damaging regulations this gets.

I think this one qualifies for something that the European mind cannot comprehend.

TLDR: FCC survived a Loper Bright analysis on media ownership rules (generally); court pushed back on the Top 4 rule and investment rules, but remanded for FCC to see if it could fix those.

RT @LawEconCenter: What begins as a swipe-fee rule may evolve into financial surveillance. In a @reason article, David Kopel and @kristians….

so the administration is looking at a plan to implement a light touch regulatory regime around AI regs. Cautiously optimistic!

Meta is correct to resist signing this. To date, we've seen the EU fall behind American and Chinese AI producers—not because of a lack of talent but because of the real "Brussels Effect": the looming shadow of regulation that chills innovation.

RT @neil_chilson: The EU loaded the gun and is now asking AI companies to paint a target on their own back. Good on Meta for refusing.

RT @LawEconCenter: How might drug-price reform turn into price control? In a recent @TOTMblog piece, @kristianstout unpacks a recent DOJ/FT….

RT @ericfruits: My colleague @MBarczentewicz performs a big-time mic drop on the DMA. Link below.

RT @jeffreywestling: Yay Katie!

RT @ericfruits: The debate over interchange fee caps is heating up, with a recent working paper claiming caps will benefit all consumers . ….

RT @neil_chilson: The "problem" that is "still there" is that if a state takes *new* money they are under *new* rules. This is perfectly….

In dissent, Justice Gorsuch calls the USF an uncapped tax that evades democratic accountability, urging a revived non-delegation doctrine. The majority’s rebuff leaves the 25 percent contribution factor intact and signals no appetite—yet—for stricter limits on congressional.

Justice Kagan’s majority stresses that qualitative ceilings on spending can constrain agencies as effectively as numeric caps; revenue collection therefore falls comfortably within precedent. Presidential control over the FCC further mitigates separation-of-powers concerns.