@devlinhartline

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

 Oakton, Virginia
hudson.org/experts/1394-devlin-hartline
Joined October 2010
  • Tweets108
  • Following6.1K
  • Followers3.1K
18Media
Joshua Levine
@JoshuaTLevine22 Jan 2025
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.🧵
2
22
147
7,507
Devlin Hartline retweeted
Copyright Alliance
@Unite4CopyrightOct 5
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…

Digital Piracy Has Outgrown Old Policy Assumptions

Digital piracy has evolved beyond copyright into fraud, malware, and organized crime. See why the U.S. needs a modern anti-piracy policy playbook.

uschamber.com
2
1
164
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…
Shane Killian
@shanedkOct 3
Replying to @devlinhartline @andrewarruda
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.
1
3
153
more replies
Those headnotes are divided into “facts” and “originality - novelty.” The fact/expression dichotomy is mentioned first. Each topic corresponds to several headnotes.
1
24
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.
1
23
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…

#34 in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc (3rd Cir., 25-2153) –...

ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Electronic Frontier Foundation, American Library Association, Association of Research Libraries, Internet Archive, Public Knowledge, and...

courtlistener.com
Shane Killian
@shanedkOct 2
For clarity, THIS is what they said is copyrighted.
2
2
332
Devlin Hartline retweeted
neil turkewitz@neilturkewitzSep 30
“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.”
Devlin Hartline@devlinhartlineSep 30
The Third Circuit's opinion in Thomson Reuters v. ROSS Intelligence is now available: www2.ca3.uscourts.gov/opinar… #copyright #ai #fairuse
2
5
1
14
2,941
Devlin Hartline retweeted
Brian McBrearty@brianmcbreartySep 30
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…
1
3
6
253
The Third Circuit's opinion in Thomson Reuters v. ROSS Intelligence is now available: www2.ca3.uscourts.gov/opinar… #copyright #ai #fairuse
Aaron Moss@copyrightlatelySep 29
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-…

Signed, Sealed, Affirmed: Third Circuit Backs Thomson Reuters over ROSS

The first federal appeals court to weigh fair use in AI training sided with Thomson Reuters over ROSS. Why it did so, for now, is under seal.

copyrightlately.com
1
1
1
9
2,408
In part four of his new blog series, our CEO Keith Kupferschmid says that #AI companies “can’t steal their way to #fairuse,” and explains the intricacies of the Unclean Hands Doctrine and AI training issues. Learn more here! #copyright copyrightalliance.org/ai-pir…

You Can’t Steal Your Way to Fair Use: The Unclean Hands Doctrine and AI Training | Copyright...

The following blog post is part four of a four-part series on the use of pirated copies of copyrighted works by AI companies and whether such use should be considered to be fair use. This

copyrightalliance.org
7
9
354
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.
6
99
9
407
6,932
Devlin Hartline retweeted
Adam Eisgrau
@AdamEisgrauSep 28
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:
3
1
5
859
Devlin Hartline retweeted
Luke Goldstein
@lukewgoldsteinSep 17
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
Jason Kint
@jason_kintSep 17
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
2
24
1
91
9,596
Devlin Hartline retweeted
Jason Kint
@jason_kintSep 17
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
65
1,521
205
4,733
859,026
Great event happening next week ⬇️
Council for Innovation Promotion
@Council4IPSep 15
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…
2
2
119
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
Netopia.eu
@NetopiaEUSep 2
Suno sued by musicians including David Lowery and Jason Isbell musically.com/2026/09/02/sun…

Suno sued by musicians including David Lowery and Jason Isbell

The latest lawsuit filed against AI-music firm Suno comes from a group of US-based musicians: Jason Isbell, David Lowery, Guy Forsyth and Eduardo Calle.

musically.com
3
5
772
Devlin Hartline retweeted
Aaron Moss@copyrightlatelyAug 31
The Fifth Circuit just rejected the Ninth's Circuit server test. Then it built a new approach that will often reach the same result. My breakdown of what changed, what didn’t, and where the differences may actually matter, up now on Copyright Lately: copyrightlately.com/fifth-ci…

Fifth Circuit Rejects the Server Test, Then Reinvents It

The Fifth Circuit rejects the server test for a "transmit requirement": same result for most embedders, plus a new question about permission.

copyrightlately.com
1
3
5
517
Devlin Hartline retweeted
Michael Sobolik
@michaelsobolikAug 17
If you’re interested in great power competition, US-China tech competition, and winning the new cold war with the Chinese Communist Party… Come intern at @HudsonInstitute for @DavidFeith and me! Apply here ⤵️ recruiting.paylocity.com/Rec…
1
5
1
17
2,062
Load more