@ToddInTheShadows I’m frankly shocked that it’s taking this long to build critical mass for the exodus. Are we waiting for the Mastodon apps to get 5% more streamlined? Bluesky to come out of invite-only mode? I just want to know what it’ll take to never have to care about Musk breaking yet another part of the bird app.

@deriamis @kathryntewson @mmasnick Courts actually enforce a copyright estoppel doctrine whereby if you publicly represent something to be matter *not* covered by copyright (i.e., factual material), you can’t then turn around and sue for infringement of that same matter, as the public is entitled to rely upon your original representations. I could see an argument that characterizing something as a work of AI rather than a human author merits the same treatment. https://www.loeb.com/en/insights/publications/2020/09/corbello-v-devito

@antone @heidilifeldman Much obliged! I’ve been so focused on dragging over hemmers and hawers still exclusively on Twitter that I’ve yet to investigate the existing Mastodon community, so I greatly appreciate the direction.

@doncruse @ericgoldman It really did seem like Shah was angling for an implied license, but those can’t confer standing to sue (since they’re nonexclusive). Also, not that it would ultimately matter, but as the actual photographers weren’t paid anything, the licenses wouldn’t be supported by consideration, rendering them revocable at will. So just a delightful mess all around!

@cathygellis @mmasnick Oh sure, I was less referring to the merits of each case as I was vexatious litigants’ eagerness to haphazardly weaponize them. Been “censored” on social media? Pruneyard town square argument! Just mad at social media generally? Lemmon defective design argument! Both equally designed to give @ericgoldman pounding migraines.

@mmasnick Lemmon v. Snap is quickly becoming to Section 230 what Pruneyard v. Robins is to the First Amendment. I can already see that section of the school district’s opposition brief in my mind’s eye.

@tiffanycli No support on Ivory yet, but I’ll cut them slack on account of the app being, like, a day old.