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Received yesterday — 18 August 2026 ⏭

Pluralistic: IP can't save you from AI (18 Aug 2026)

✇Pluralistic: Daily links from Cory Doctorow
By: Cory Doctorow
18 August 2026 at 16:48


Today's links


The rubble after the 1906 San Francisco quake/fire. Lying in a vast heap is a pile of dead knights in armor. Crashed into the ground is a Spirit Airlines jet. Looming up from behind a shattered building is the Android droid.

IP can't save you from AI (permalink)

You don't have to believe that AI "art" is any good (I don't), nor do you have to believe that AI "art" can be any good (I don't) to understand that the reason that the capital markets are putting trillions into AI is that they believe they can fire workers of every kind and replace them with AI:

https://pluralistic.net/2025/03/18/asbestos-in-the-walls/#government-by-spicy-autocomplete

I'm an artist and a worker. I want to protect my labor interests. So do my peers from across the "creative industries." But a sizable group of my peers think the way we're going to protect our interests is by expanding copyright so that it's unambiguously illegal to scrape the internet, analyze the files retrieved by those scrapers, and publish that analysis (a process more familiarly known as "training AI"):

https://pluralistic.net/2023/09/17/how-to-think-about-scraping/

This is a losing strategy. First, because banning scraping, or requiring permission to count the elements in creative works, or demanding a license to publish collections of facts about copyrighted works will inflict enormous collateral damage on a wide variety of socially beneficial activities. From the OED to search engines to the Internet Archive, so many beneficial activities rely on the fact that copyright permits unlicensed collection and analysis of every copyrighted work as a single, massive corpus, and copyright allows the publication of that analysis without permission from the creators of the works it analyzes.

A lot of people who are (rightfully) very angry about AI dispute this. They believe that they can craft an "AI training" law that would ban scraping, analysis and publication when these activities are part of AI training, but not when they're undertaken for a benign purpose. I am very, very skeptical of this. After 25 years of watching internet policy go badly awry, to the great detriment of workers of all kinds and everyday users, it is my professional, considered opinion that drafting a statute that only stops these "bad" activities is much, much harder than these people think, and may actually be impossible.

I think some artists advocating for a copyright-based solution to AI's war on labor understand this and have decided that they're willing to catch a lot of dolphins in these legal tuna-nets they're hoping to get from Congress. I get that: there are always trade-offs, and the perfect can't be the enemy of the good.

But I think they're making the wrong trade-off, and not just because I value archives, accountability corpuses, large-scale linguistic research and search engines. I think they're making the wrong trade-off because copyright will not protect their livelihoods from AI-based wage erosion.

Here's why: the theory of copyright as an "artist's right" is premised on the idea that we artists get these exclusive rights, which we use in our bargaining with media companies and other intermediaries. It's a (pseudo) property right, and it's sub-licensable. Just as an entrepreneur might get the contract to supply catering for a sports stadium and then parcel out the pretzel stand, beer bar, and pizza concessions to subcontractors, we're meant to sell our English rights, foreign language rights, graphic novel rights, film rights, audio rights, (and so on) to a variety of media companies.

To bargain successfully, it's not only necessary for you to have something valuable to trade: you also need to have leverage. You need to have options. The other side has to believe that if they lowball you, you will go do a deal elsewhere.

This is where copyright fails to serve creative workers. Even at the best of times, the world naturally produces an oversupply of would-be professional artists, and a sufficiency of the talented to fill most of the workaday niches in our field. Even exceptional artists – and exceptional works of art – are often commercial flops, for reasons that aren't always well understood (though sometimes it's a self-fulfilling prophecy, where a media company buys the rights and then loses confidence in the work and does not exert itself in the marketing of the work).

These are not the best of times. Decades of lax antitrust enforcement has boiled the "creative industries" down to 5 publishers, 4 studios, 3 labels, 2 app stores, and one company that's in charge of all the ebooks and audiobooks.

Since the 1976 Copyright Act, Congress has acted time and again to broaden copyright. Today's copyright lasts longer, restricts more uses, extends to more kinds of works, and carries stiffer statutory penalties for infringement ($150,000 per download!). The media companies we creative workers bargain with are larger, richer and more profitable than at any time in history – and we are poorer. The share of those massive profits that ends up in our pocket is lower than ever – and we don't just get smaller slices of that larger pie, those slices are smaller than the slices we used to get, when the pie was much smaller. The rising tide of copyright expansion lifted our bosses' boats – even as our dinghies filled with bilge and sank.

How could we get so much more to bargain with, only to bargain it all away, for less money than we used to get for a much smaller bundle of rights? Simple: giving us rights did not give us leverage. Giving us more rights without giving us more bargaining power is like giving your bullied schoolkid extra lunch-money. There's no amount of lunch-money that will get that kid fed; but if you keep increasing how much money the kid gets, the bullies will end up so rich that they can afford to run a global campaign demanding that we all think of those poor hungry kids and send them even more lunch money.

Copyright's failure to deliver for creative workers doesn't mean that we're doomed to poverty. Our works are generating record profits for our bosses, and there are plenty of ways to change the "distributional outcomes" (the phrase economists use for "who gets what") in arts/labor policy. In 2022, I co-wrote Chokepoint Capitalism along with the eminent Australian copyright scholar Rebecca Giblin. The whole book is full of these pro-worker arts policies:

https://pluralistic.net/2022/08/21/what-is-chokepoint-capitalism/

Rebecca and I start from the premise that artists are workers, not the small businesses that our bosses insist we see ourselves as. The idea that an artist is an LLC with an MFA fits in very neatly with copyright: you're getting this bundle of exclusive rights from Congress and then you bargain, business-to-business, with other companies out there in the world, selling those rights for the best price you can get. This approach rarely works, and when it does, it works badly. 50 years of more copyright, richer bosses, and poorer artists put the lie to the "LLC with an MFA" approach.

If we're workers, then we derive our power from labor rights. The Writers Guild – the only creative workers in world history to have comprehensively beaten AI in their workplace – won their AI fight with a strike:

https://pluralistic.net/2023/10/01/how-the-writers-guild-sunk-ais-ship/

The Hollywood guilds are able to pursue a limited form of "sectoral bargaining" (where all the workers in a field bargain with all its bosses) called "multi-employer bargaining." Bosses hate sectoral bargaining, and in 1947 they got it banned outright through the Taft-Hartley Act.

Getting other kinds of creative workers into multi-employer bargaining arrangements will be a lot of work – and repealing Taft-Hartley and restoring sectoral bargaining will be even harder. But just because it's hard to do the thing that works, it doesn't follow that we should do the easy thing that doesn't work.

Compared to winning more labor rights, getting more copyright will be easy. That's because our bosses want more copyright. When we demand more copyright, our bosses – the most powerful, profitable media companies in human history, grown rich off our labor – will fight alongside of us.

But media companies don't want to stop AI from depriving us of our wages. Quite the contrary! The whole reason that the Writers Guild had to go on strike was that movie studios – not Openai or Anthropic – wanted to replace them with AI. The same studios that are suing the AI companies for "mass copyright theft" have made it very clear that they want to buy chatbots from those AI companies and use them to erode our wages and thin our ranks. The copyright lawsuits our bosses are waging against the AI companies are intended to force tech companies to pay for licenses before they train their chatbots on our work. But they won't be paying us for those licenses – they'll be paying our bosses.

The AI copyright fight isn't being fought to protect your wages – it's being fought to see whether your lost wages end up in the pockets of a tech boss or a media boss. AI copyright suits are a fight over who's going to get the lion's share when they eat you up for dinner. They're not a way to keep you off the menu.

This becomes more obviously true with each passing day, and this morning, the world got its clearest example of what a poor substitute copyright is for fundamental human rights, like labor rights and privacy rights.

Last year, Spirit Airlines went bankrupt, a casualty of a monopolized aviation sector and Trump's oil price surge. Ever since, vultures have circled its carcass, picking off its assets in a string of auctions conducted by Spirit's bankruptcy trustees. Today, those trustees announced that they had sold all of Spirit's employees' data to Google, for use in AI training:

https://www.axios.com/2026/08/17/google-spirit-airlines-bankruptcy

Every email, every memo, every calendar entry. Oceans of sensitive, personal information, all to be shoveled directly into the bottomless maw of Google's AI training systems. This training data includes messages between colleagues and with outside parties about workers' romantic lives, their health, their family situations. These workers' most private lives will end up as fodder for a Google chatbot.

Now, all of these workers have a copyright in all of that work. Under international copyright treaties and US law, copyright "inheres at the moment of fixation of a work of human creativity." The very instant a worker sets fingers to keyboard and types out a message with even the smallest quantum of creativity, a new copyright springs into existence, giving the copyright holder 90 years' worth of control over it.

But even though every one of those emails and messages and memos was written by a human being working for Spirit, the copyright over those works does not belong to the workers. Every single one of them will have signed an employment agreement that designates their emails and other copyrightable work as "works made for hire," owned by Spirit Airlines, which means that their work is now an asset in Spirit's bankruptcy estate. That's why all that personal information is about to be transferred to a new corporate owner, Google, who can do anything they want with it.

We know how terrible this kind of disclosure will be for workers. In 2001, the criminal enterprise Enron collapsed after the extent of its fraud was revealed. In the ensuing litigation, Enron's bankruptcy overseers decided that it was too expensive to purge the company's email servers of personal information before entering it into evidence. That meant that once the court battles were over, all the Enron employees' emails entered the public domain as part of the court record:

https://en.wikipedia.org/wiki/Enron_Corpus

The "Enron Corpus" is a foundational data-set in modern computer science. Academics analyzed the data to do pioneering work on machine learning and social graph theory, which found its way into the design and operations of social media companies, who learned how to spot and manipulate social connections by studying it.

The Enron Corpus isn't just a data-set, though. It's a privacy catastrophe, full of sensitive personal information that haunts the 158 employees whose correspondence is now permanently afloat upon the internet.

Why was the Enron Corpus so exploitable? Because US labor law does not protect this kind of sensitive information when it is in your employer's hands. In fact, if your boss ends up with a trove of your personal information in the form of emails, calendar entries and files, you will typically be blamed for it: "Why did you use your work computer for personal activities?"

But anthropologists who study computer usage have known for decades that everyone ends up with personal data on their work devices. What's more, this problem is only getting worse, because (thanks to weak labor laws), we're expected to work longer hours and to be on call when we're not at the job, which means that you're often dealing with personal crises after hours from your desk, and dealing with work crises at home from your sofa.

Any fit-for-purpose labor rights regime would recognize that your privacy rights must extend to the data that finds its way onto your boss's computers, even if you put that data there. Any failure to recognize this bedrock fact gives employers free license to plunder and exploit your personal information.

Of course, labor law isn't the only way to protect private information. While labor law should contain explicit, job-related privacy guarantees, privacy law should protect all our privacy (after all, Spirit's servers are also full of emails and messages from Spirit's passengers).

Unfortunately for anyone who ever flew on Spirit – or anyone who worked for them – American privacy law is all but dead. America's last consumer privacy law went into effect in 1988, when the Video Privacy Protection Act made it illegal for video-store clerks to disclose your VHS rental records.

Google says it won't use your profile or frequent flier info to train its model, but they haven't made the same promise about the millions of messages that passengers exchanged with the airline. Google has also promised to use "de-identification" algorithms to purge the Spirit customer, supplier and employee data of personal information. But "de-identification" is a pipe-dream, widely understood by security experts as a form of wishful thinking by companies that want to exploit your personal information while still insisting that they aren't violating your privacy. In reality, "de-identified" data is always vulnerable to "re-identification" attacks:

https://pluralistic.net/2021/04/30/dox-the-world/#experian

The collapse of privacy and labor rights in post-Reagan America and the mass expansion of copyright over the same period are part of the same phenomenon, aspects of two generations' worth of policies designed to benefit capital at the expense of workers, and corporations at the expense of consumers.

As consumers, we're told to substitute shopping for legal rights: if a corporation wrongs you, it's easier and quicker to "vote with your wallet" than it is to sue them or ask the government to intervene. Substituting shopping for politics has been a total failure. Shopping your way out of a monopoly is like recycling your way out of a wildfire:

https://pluralistic.net/2026/05/21/purity-culture/#stop-fucking-that-chicken

As creative workers we were told to stop thinking of ourselves as workers altogether, to become small businesses, and to use the LLC With an MFA method to bargain our way out of exploitative arrangements. This, too, has been a failure:

https://pluralistic.net/2026/03/03/its-a-trap/#inheres-at-the-moment-of-fixation

The sale of Spirit's data to Google for AI training shows us that privacy and labor rights are indispensable. We can't substitute market mechanisms like comparison shopping or individual contract negotiations for broad, systemic, inalienable rights backstopped by law.

By demanding the copyright our bosses love, we're seeking the right to be angry about AI, even as the AI companies and our bosses cut deals to train chatbots with our work, which they will use to attack our livelihoods.

Once we stop pretending to be small businesses, once we abandon the fantasy of LLCs with MFAs, we can join with every worker in every industry in demanding sectoral bargaining; and with every consumer in demanding privacy rights. Winning privacy and labor struggles means more than the right to be angry about AI – that's the right to do something about it.

Hey look at this (permalink)


A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago IP and scientific publishing https://web.archive.org/web/20011001203058/http://www.abc.net.au/rn/talks/bbing/stories/s345514.htm

#20yrsago British air travelers kick brown “terrorists” off their planes https://web.archive.org/web/20060823104858/http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=401419&in_page_id=1770&ico=Homepage&icl=TabModule&icc=NEWS&ct=5

#15yrsago “Probability neglect”: why policy-makers are constitutionally incapable of formulating evidence-based anti-terrorism policy https://web.archive.org/web/20111015040753/https://opim.wharton.upenn.edu/risk/library/J2011OBHDP_APM,AT,HK_PolicymakersDilemma.pdf

#15yrsago TSA can’t explain why “enhanced patdowns” are legal https://web.archive.org/web/20151203033820/http://flyingwithfish.boardingarea.com/2011/08/18/the-legality-of-the-tsas-enhanced-pat-down-authority/

#15yrsago The Onion: We did a paywall because British people like paying for the Web https://web.archive.org/web/20110911175335/http://www.avclub.com/articles/about-the-onions-new-paid-content-system,60129/

#5yrsago Hench https://pluralistic.net/2021/08/19/failure-cascades/#natalie-zina-walschots

#5yrsago Machine learning's crumbling foundations https://pluralistic.net/2021/08/19/failure-cascades/#dirty-data

#1yrago Charlie Jane Anders' "Lessons in Magic and Disaster" https://pluralistic.net/2025/08/19/revenge-magic/#liminal-spaces

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, April 20, 2027

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027


Colophon (permalink)

Today's top sources:

Currently writing:

  • “Once Is Enemy Action,” a science fiction novel about the origins of modern technofascism. Today's words: 585 (6624 total).

  • "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. Fourth draft completed. Submitted to editor.

  • A Little Brother short story about DIY insulin PLANNING

This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

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Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.

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"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

READ CAREFULLY: By reading this, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies ("BOGUS AGREEMENTS") that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

ISSN: 3066-764X

Received — 17 August 2026 ⏭

Pluralistic: Jennifer Jenkins' 'Music Copyright, Creativity, and Culture' (17 Aug 2026)

✇Pluralistic: Daily links from Cory Doctorow
By: Cory Doctorow
17 August 2026 at 09:00


Today's links

  • Jennifer Jenkins' 'Music Copyright, Creativity, and Culture': The definitive textbook (with comics!).
  • Hey look at this: Delights to delectate.
  • Object permanence: Hair-gel bombers v bras; Hair-gel bombers v chemistry; AOL digs for spammer's platinum; Stross on infosec in 2061; In-game Ponzi; Snowden on Shadow Brokers hack; Life v understanding advanced math; "Greatest of Marlys!"; Housing and precarity; LLMs as slot-machines for coders; Hypercard's backstory; Pirate Party; Fanbois' mental health v critics; Krugman calls for alien invasion; Trump x Serbian genocidaires; The last Sandman Slim; Muphry’s Law; NSA created the Shadow Brokers; DOJ kills private prisons; Walmart externalizes crime; "Sgt Augmento"; Zuckermuskian solipsism.
  • Upcoming appearances: Sydney, Melbourne, Brighton, London, South Bend.
  • Recent appearances: Where I've been.
  • Latest books: You keep readin' em, I'll keep writin' 'em.
  • Upcoming books: Like I said, I'll keep writin' 'em.
  • Colophon: All the rest.


The cover for the Oxford University Press edition of Jennifer Jenkins' 'Music Copyright, Creativity, and Culture.'

Jennifer Jenkins' 'Music Copyright, Creativity, and Culture' (permalink)

Nobody explains copyright like Jennifer Jenkins, the director of the Duke Center for the Public Domain, in which capacity she is responsible for the annual New Year's roundups of all the materials entering the public domain (a series that started in the decades during which the public domain was frozen by the Sonny Bono Copyright Act):

https://pluralistic.net/2023/12/20/em-oh-you-ess-ee/#sexytimes

Jenkins has a gift for making one of the most complicated, worst understood, most consequential areas of law not only comprehensible, but also fascinating. Her late 2023 explanation of what "Mickey Mouse's copyright is expiring" actually meant was the single best explainer on the subject, in a crowded field:

https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey

Small wonder that she's the go-to copyright and trademark expert for so many media outlets. Perhaps you heard her Planet Money segments on which superheroes are in the public domain:

https://www.npr.org/transcripts/969512231

Jenkins' flair for legal communications carries over to her scholarly work, of course, which is why her Open Copyright Casebook is a standard text for American law schools:

https://pluralistic.net/2024/07/30/open-and-shut-casebook/#stop-confusing-the-issue-with-relevant-facts

Jenkins co-wrote the Casebook with her husband, the equally erudite and expert James Boyle. It's just one of their many fruitful collaborations; they are also the writing team behind THEFT! A History of Music, the greatest graphic novel ever created about the history of music, music law, music censorship, and the music industry:

https://web.law.duke.edu/musiccomic/

Last year, Jenkins published Music Copyright, Creativity, and Culture, an Oxford University Press title that fuses her scholarly and popular work in a generalist textbook on the legal framework for music that will forever change how you think about music. Now, a second edition, with a lengthy section on new music litigation, AI copyright fights, and the issue of uncompensated labor is available as an open access download:

https://web.law.duke.edu/cspd/musiccopyright/

Music Copyright weaves together the economic, cultural, political and artistic history of music, pulling on historic threads ranging from antiquity to medieval Europe to the age of mechanical reproduction to describe changing views of musicians, their audiences, and religious and political leaders on what constituted music, who was allowed to make music, and what music was for. In so doing, she firmly establishes the extremely contingent nature of our present-day norms around music, showing that the "natural" present-day assumptions about who gets paid, who pays, and when payment (or permission) is required are anything but, and are always in flux.

For obvious reasons, much of Jenkins' text describes these changes in the context of the record, the radio, satellite transmission, P2P file-sharing, and digital sampling (along with a chapter on AI). These examples are liberally illustrated with links to musical excerpts that bring the subject to life (these are presented as hotlinks in the ebook; if you're reading the print edition, you can use the book's companion website:)

https://web.law.duke.edu/cspd/musiccopyright/

Interspersed with these histories and analysis are lengthy, extremely on-point excerpts from THEFT!, her graphic novel history of music. These enliven the text as much as the music samples, making this textbook as entertaining as it is informative.

Of especial interest – and importance – are the long sections on the courtroom battles of Ed Sheeran, Katy Perry, and Pharrell Williams over similar "grooves" and "vibes" to other songs, some of them well-known and some quite obscure:

https://pluralistic.net/2022/04/08/oh-why/#two-notes-and-running

These cases highlight the fundamental incoherence of music copyright, a system composed of improvised responses to new technologies, each layered atop the last in a messy pile that virtually no one understands.

Jenkins understands it, though. I've been reading, writing, and debating about this stuff since the late 1990s, and I learned something new on every page of this delightful book. This should be required reading for anyone who makes music, loves music, or cares about musicians and the arts more generally. It's a towering accomplishment and a brilliant read.

Hey look at this (permalink)


A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago RIP, The Industry Standard, Palm buys BeOS https://web.archive.org/web/20010927192339/http://www.wired.com/news/business/0,1367,46113,00.html

#25yrsago Smart dust sensors https://web.archive.org/web/20011112010004/http://www.smalltimes.com/document_display.cfm?document_id=1935

#25yrsago Pentagon patents onion-routing https://web.archive.org/web/20010912222427/http://www.wired.com/news/politics/0,1283,46126,00.html

#25yrsago Coltan: the conflict mineral in our gadgets https://www.nytimes.com/2001/08/12/magazine/the-dirt-in-the-new-machine.html

#25yrsago Danny Goodman Talks About HyperCard https://web.archive.org/web/20011214114614/http://www.oreillynet.com/pub/a/mac/2001/08/17/goodman.html

#25yrsago Report an insecure website, win a visit from the FBI https://web.archive.org/web/20010820110330/http://www.linuxfreak.org/post.php/08/17/2001/134.html

#20yrsago Copyright wars: film-makers eats themselves https://web.archive.org/web/20070318010544/https://www.laweekly.com/film+tv/film/freedom-of-information/14244/

#20yrsago RyanAir to UK govt: ease off on security or we sue https://www.theguardian.com/business/2006/aug/18/theairlineindustry.terrorism

#20yrsago Federal court bans Bush’s warrantless spying on Americans https://edition.cnn.com/2006/POLITICS/08/17/domesticspying.lawsuit/index.html

#20yrsago Western millionaires plotted Equatorial Guinea coup as a game https://web.archive.org/web/20071114211448/https://www.salon.com/books/review/2006/08/17/roberts/index_np.html

#20yrsago Sweden’s Pirate Party – political arm of the pro-piracy groundswell https://web.archive.org/web/20060820093355/https://www.wired.com/news/technology/1,71544-0.html

#20yrsago Hair-Gel Bombers win war on bras https://www.huffingtonpost.co.uk/entry/us-authorities-leave-gel_n_27402

#20yrsago Would a hair-gel bomb actually work? https://seclists.org/interesting-people/2006/Aug/86

#20yrsago The Pirate Bay’s backstory https://web.archive.org/web/20060901180116/https://www.wired.com/news/technology/1,71543-0.html

#20yrsago AOL will dig for buried platinum and gold in spammer’s Mom’s yard https://www.nbcnews.com/id/wbna14365934

#15yrsago Charlie Stross on network security in 2061 https://www.antipope.org/charlie/blog-static/2011/08/usenix-2011-keynote-network-se.html

#15yrsago Damning 2007 letter asserts that phone hacking was an open practice at News of the World https://www.theguardian.com/media/2011/aug/16/phone-hacking-now-reporter-letter

#15yrsago In-game Ponzi nets US$50K https://web.archive.org/web/20110921052125/http://gamergaia.com/pc/1724-eve-online-space-heist-one-trillion-isk.html

#15yrsago Copyright troll handed ass (again), tries saddest trick ever to get out of paying its victim’s legal bills https://arstechnica.com/tech-policy/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss/

#15yrsago English cops arrest man for planning water-fight via Blackberry Messenger https://www.theguardian.com/media/2011/aug/15/essex-water-fight-blackberry-messenger

#15yrsago Woman who recorded Massachusetts police beating charged with illegal wiretapping https://www.masslive.com/news/2011/08/videographer_of_alleged_melvin.html

#15yrsago Criticism of a brand lowers the self-esteem of its adherents https://arstechnica.com/science/2011/08/users-treat-criticism-of-favorite-brands-as-threat-to-self-image/

#15yrsago Homeopathy multinational sues blogger over statements that its mythological curative had “no active ingredient” https://web.archive.org/web/20110930131033/http://www.blogzero.it/contatti/prova/

#15yrsago Edinburgh Fringe show asks audience to shred banknotes https://www.theguardian.com/culture/2011/aug/16/crunch-edinburgh-festival-shred-cash

#15yrsago CCTV deterrence and the London uprising https://www.theguardian.com/technology/2011/aug/17/why-cctv-does-not-deter-crime

#15yrsago Paul Krugman: save the economy by staging an alien invasion hoax https://comicsalliance.com/watchmen-paul-krugman-alien-invasion/

#15yrsago Minecraft creator challenges trademark belligerents to winner-take-all Quake deathmatch https://web.archive.org/web/20110817205045/http://notch.tumblr.com/post/9038258448/hey-bethesda-lets-settle-this

#15yrsago Muphry’s Law: the inevitability of typos in discussions of typos https://web.archive.org/web/20101227141449/https://www.editorscanberra.org/muphrys-law/

#15yrsago Copyright complaint as phishing email https://memex.craphound.com/2011/08/18/copyright-complaint-as-phishing-email/

#15yrsago Rep Allen West pens “dumbest thing ever written on congressional stationery” https://web.archive.org/web/20110914030034/https://thinkprogress.org/security/2011/08/17/297619/allen-west-nuts/

#10yrsago The NSA’s program of tech sabotage created the Shadow Brokers https://web.archive.org/web/20160818132904/https://www.wired.com/2016/08/shadow-brokers-mess-happens-nsa-hoards-zero-days/

#10yrsago Walmarts are high-crime zones thanks to staff cuts, but America gets the bill https://web.archive.org/web/20160818000539/https://www.bloomberg.com/features/2016-walmart-crime/

#10yrsago DoJ says it will end private federal prisons https://www.motherjones.com/politics/2016/08/department-justice-plans-end-private-prison/

#10yrsago Fiction: Sgt. Augmento, Bruce Sterling’s robots-take-our-jobs story https://web.archive.org/web/20160818161624/https://motherboard.vice.com/read/sgt-augmento

#10yrsago Las Vegas: high unionization rates mean smaller wage-gaps for women, especially older women https://www.nytimes.com/2016/08/17/opinion/how-unions-help-cocktail-servers.html

#10yrsago The incredible true story of the Epcot Horizons superfans who ruled the ride https://web.archive.org/web/20160822031741/https://dangerousminds.net/comments/the_true_story_of_the_unauthorized_daredevil_documentation_of_the_horizons_/

#10yrsago Predictive policing predicts police harassment, not crime https://web.archive.org/web/20160821093834/https://link.springer.com/article/10.1007/s11292-016-9272-0

#10yrsago UC Davis Chancellor spent $400K+ to scrub her online reputation after pepper-spray incident https://www.sacbee.com/news/local/article94733812.html

#10yrsago Reputation systems work because people are mostly good https://timharford.com/2016/08/the-meaning-of-trust-in-the-age-of-airbnb/

#10yrsago The guy who started Serbia’s ethnic cleansing led a pro-Trump rally in Belgrade https://web.archive.org/web/20160817022133/https://theintercept.com/2016/08/16/serb-inspired-ethnic-cleansing-bosnia-leads-vote-trump-rally-belgrade/

#10yrsago Europe’s banks want to store billions in cash to fight back against negative interest https://web.archive.org/web/20160817152157/https://www.cnbc.com/2016/08/16/banks-look-for-cheap-way-to-store-cash-piles-as-rates-go-negative.html

#10yrsago Kill Rock Stars president explains why the radio plays the same songs over and over https://www.youtube.com/watch?v=ThrXkYwTBP8

#10yrsago Snowden explains the Shadow Brokers/Equation Group/NSA hack https://www.techdirt.com/2016/08/16/ed-snowden-explains-why-hackers-published-nsas-hacking-tools/

#10yrsago Hackers claim to have stolen NSA cyberweapons, auctioning them to highest bidder https://web.archive.org/web/20160816035711/https://motherboard.vice.com/read/hackers-hack-nsa-linked-equation-group

#10yrsago What life is like when you really understand advanced mathematics https://www.quora.com/What-is-it-like-to-understand-advanced-mathematics-Does-it-feel-analogous-to-having-mastery-of-another-language-like-in-programming-or-linguistics

#10yrsago Parents who can’t pay the bill for kids’ incarceration can still go bankrupt, a US court rules https://archive.thinkprogress.org/everything-wrong-with-how-our-justice-system-treats-poor-people-in-one-awful-case-bfd91a6fa114/

#10yrsago UK Intellectual Property Office grants trademark on “should’ve” https://www.bbc.co.uk/news/business-37092366

#10yrsago The Greatest of Marlys! is the Lynda Barry book we’ve been waiting for https://memex.craphound.com/2016/08/16/the-greatest-of-marlys-is-the-lynda-barry-book-weve-been-waiting-for/

#5yrsago Housing, money laundry, speculation and precarity https://pluralistic.net/2021/08/16/die-miete-ist-zu-hoch/#assets-v-human-rights

#5yrsago Big Oil caught lying about methane https://pluralistic.net/2021/08/17/king-bullet/#methanescan

#5yrsago Sandman Slim's final adventure https://pluralistic.net/2021/08/17/king-bullet/#sticking-the-dismount

#5yrsago The Sacklers threaten us all with a good time https://pluralistic.net/2021/08/18/lets-make-a-deal/#art-of-the-deal

#1yrago Zuckermuskian solipsism https://pluralistic.net/2025/08/18/seeing-like-a-billionaire/#npcs

#1yrago LLMs are slot-machines https://pluralistic.net/2025/08/16/jackpot/#salience-bias

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, April 20, 2027

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027


Colophon (permalink)

Today's top sources:

Currently writing:

  • “Once Is Enemy Action,” a science fiction novel about the origins of modern technofascism. Friday's words: 564 (6039 total).

  • "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. Fourth draft completed. Submitted to editor.

  • A Little Brother short story about DIY insulin PLANNING

This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.

How to get Pluralistic:

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Pluralistic.net

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"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

READ CAREFULLY: By reading this, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies ("BOGUS AGREEMENTS") that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

ISSN: 3066-764X

Received — 10 August 2026 ⏭

What will Burnham do on AI?

✇POLITICO
By: Anne McElvoy · Sam Coates
10 August 2026 at 08:55

Artificial intelligence could transform the economy, the workplace, and even the way we think — but is Britain ready for it? And is Andy Burnham?

In the second of Sam Coates and Anne McElvoy’s summer box set conversations, they sit down with POLITICO UK tech editor Isobel Asher Hamilton to look at the choices facing the new prime minister this autumn.

Should Britain be building the next OpenAI, or focusing on using AI to revive manufacturing? Can the UK compete with the US and China? And where will the government land on the biggest political battles ahead, from copyright and data centres to the future of work?

Received — 31 July 2026 ⏭

Pluralistic: Better to beg forgiveness (31 Jul 2026)

✇Pluralistic: Daily links from Cory Doctorow
By: Cory Doctorow
31 July 2026 at 13:56


Today's links

  • Better to beg forgiveness: Don't ring the doorbell at the house of no unless you absolutely must.
  • Hey look at this: Delights to delectate.
  • Object permanence: RIP Poul Anderson; P2P at PC Forum; Waitress handed her own stolen ID by carded diner; PDX bans fixies; Digital Economy Bill was a stitch up; NZ copyright disconnection flowchart; Fry v Widdicombe on Catholic Church; Moxie Marlinspike profile; V&A bans sketching; Gernsback's intro to the first Amazing Stories; "Simplicity."
  • Upcoming appearances: Edinburgh, Sydney, Melbourne, Brighton, London, South Bend.
  • Recent appearances: Where I've been.
  • Latest books: You keep readin' em, I'll keep writin' 'em.
  • Upcoming books: Like I said, I'll keep writin' 'em.
  • Colophon: All the rest.


A modified WWII 'loose lips' poster. In the original, a drowning sailor in a dark sea points a finger at the viewer, with the caption reading SOMEONE TALKED. In the modified version there's a 1950s Astounding Stories pulp sinking beneath the waves behind the sailor, and the caption reads SOMEONE ASKED.

Better to beg forgiveness (permalink)

From its inception, I've loved Creative Commons. I hung out with Lisa Rein, Matt Haughey and Aaron Swartz while they coded up the first version of the site, and my first novel, Down and Out in the Magic Kingdom, was the first professionally published text ever released under a CC license, just weeks after CC itself launched:

https://creativecommons.org/

In those early days, CC licenses were primarily of interest to people who were steeped in copyright law, lore and litigation; so many of the early debates about these licenses turned on esoteric (but important!) questions about copyright; for example, how CC would interact with copyright's "limitations and exceptions."

You see, copyright has never meant the absolute right to control all uses of a work. Every system of copyright includes a set of "limitations and exceptions" for people making use of copyrighted works without permission, even if the copyright holder objects to that use. The best-known example of this is "fair use," a concept from American law.

Fair use is (potentially) extremely broad, but it's also extremely "fact-intensive" – that's the phrase lawyers use to describe the kind of legal question whose answer is almost always "it depends." Fair use might let you copy the entirety of a work, even for a commercial purpose. It might let you create new works based on existing works. It might let you do these things specifically to discourage people from buying the original. But…it depends.

If you know anything about fair use, it's probably something about a "four-step test" used to determine if a usage is fair. These four steps are just questions a judge might ask of someone who's been sued for copyright infringement, but who claims that they were making a fair use. The questions are:

I. What was the "nature and purpose" of your use? Were you doing something "transformative?" Were you criticizing the work? Were you using the work for educational purposes?

II. What was the nature of the work you used? Was it primarily factual (like a news article) or creative (like a short story)?

III. How much of the work did you take? Did you take more than you needed to transform the work, to accomplish your criticism, to teach someone?

IV. What impact did your use have on the original? Did the copyright holder lose money as a result of your use?

https://fairuse.stanford.edu/overview/fair-use/four-factors/

These questions are indeed enshrined in US copyright law, but (for better and for worse) you can't figure out if a use is "fair" just by asking these questions. Fair use is ultimately subject to "the rule of reason," a legal principle meaning that the law shouldn't result in obviously stupid restrictions. What's "obviously stupid?" Well, that's the tricky part – you'll have to convince a judge!

For example, the author of a book called The Wind Done Gone was sued for taking the characters, plot and setting of Gone With the Wind in order to tell the same story from the perspective of the enslaved Africans who were denied agency and moral consideration in the original. The court found for The Wind Done Gone:

https://en.wikipedia.org/wiki/The_Wind_Done_Gone

Wind Done Gone took the "heart" of Gone With the Wind (III), but then again, Done Gone was highly transformative (I), Gone With was also a work of fiction, entitled to the highest level of protection (II). Even worse, the point of Done Gone was to point out the gross defects in Gone With (I) and thus directly undermine sales and licensing for the original (IV). Anyone who claims you can answer fair use controversies by running through the four factors as though they were a checklist really doesn't understand fair use:

https://pluralistic.net/2022/02/06/crypto-copyright-%f0%9f%a4%a1%f0%9f%92%a9/

But even after you've acquired an appreciation of the fact-intensive, nuanced flexibility of fair use, you still don't understand copyright's limitations and exceptions. Fair use is important, but there's also "first sale," the doctrine that says that after you buy something, you own it, and copyright can't be used to interfere with your traditional property rights. That's why you can buy and sell used books, paintings, records, and other copyrighted work, even if they are sold with fine print that says you're not allowed to:

https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_Sons,_Inc.

When it comes to copyright's limitations and exceptions, "fair use" and "first sale" are the big ones, but just as important are the small ones – the really small ones. Like other laws, copyright is subject to the principle of "de minimis" (from a longer Latin phrase that translates as "the law does not concern itself with trifles"):

https://en.wikipedia.org/wiki/De_minimis

Technically, it may be trespassing to step on someone else's yard. But if your shoe brushes up against their lawn while you're walking on the sidewalk out front of their house, it's not trespassing. Or if it is trespassing, it's a de minimis trespass, too small to matter to the law. A lot of potential copyright violations – like taking a picture of a passage in a book and posting it to social media – are so small that we don't need to apply a fair use analysis to them. They're trifles, and "the law does not concern itself with trifles."

These limitations and exceptions all apply without permission from rightsholders. They apply even if they make rightsholders furious. They are your rights, as a member of the public, as a purchaser of a work, or just as someone who whistles a song that's stuck in your head.

And that's where the esoteric early Creative Commons copyright debate comes in. Creative Commons is a way to formally codify and convey permission to use copyrighted works. Without Creative Commons, it's really hard – and expensive – to provide legally reliable permission to someone else to use something you've created.

If I want to let you adapt one of my short stories for the stage, we should both probably hire copyright lawyers at several hundred dollars per hour to draft and review a contract setting out what my permission really means. Worse: even after we've paid the lawyers, neither of us will likely really understand the fine legal technicalities of the deal. We just have to take the lawyers' word for it that the complex jargon in the contract is sufficient for our purposes. Between the complexity and the expense, there are lots of potential creative collaborations that would cost so much to paper over that they're just not worth doing, even if they'd delight everyone involved.

Creative Commons cuts through this with its standardized licenses, which spell out in plain language which permissions are being granted. Even better, these licenses are international, translated into the language and laws of dozens of countries. That means that you can take a CC licensed short story from Japan, animate it using CC licensed 3D models from Italy, set it to a CC licensed soundtrack from Indonesia and release it in Ukraine, and the whole thing just works.

Those uses – turning a story into an animation, using a 3D model, syncing a soundtrack to a video – are all pretty ambitious uses, especially if you're going to make the final result indefinitely available to the general public. It makes sense to paper over these uses, and Creative Commons makes that legal work as simple as linking to your sources and their licenses in your final product.

But there are plenty of uses that don't need licenses – even ambitious ones. Remember Wind Done Gone? There are circumstances when you can adapt someone else's story without permission, relying instead on a limitation or exception to copyright. And of course, there are plenty of trivial uses – pasting a photo into your groupchat, say – that are de minimis and also don't need permission.

These copyright flexibilities are critical. Imagine if you could only criticize someone's work if they gave you permission to do so! From the founding of CC, copyfighters raised serious concerns that CC would teach people that they can only remix other people's work if they have a license, be it a CC license or the kind that you negotiate with a lawyer.

Today – 25 years later!- CC is an unqualified success. Without CC, we wouldn't have Wikipedia! You find CC licenses on Youtube, Flickr, Bandcamp, the Internet Archive, and in many of the most important scholarly and scientific journals in the world.

But, also, 25 years later, the world is even more convinced that you should always ask permission: "better safe than sorry." I don't know if CC contributed to this culture of timidity. More likely, it was bullying copyright trolls who terrorized people into a reflex of asking permission for everything, always.

As the creator of more than 30 books, hundreds of collages, and tens of thousands of essays and blog-posts, I am often on the receiving end of these permission requests.

For example, people often ask me if they can use my CC licensed works in ways that the associated licenses clearly permit. I'm sure the people who email me for permission to do things I've already granted them permission to do think they're being polite, but I really wish they'd stop. When someone asks me if they can make a use permitted by my CC licenses, I need to carefully parse through their use to make sure they're not asking for something more.

This is time-consuming work that often involves several volleys of email just to confirm that, no, they're just asking if they can do something I've already told them they can do. This is not a good use of anyone's time! By all means, drop me a note with a link to something you've remixed from my work. That's fun! It's a lot more fun than making me play detective in order to figure out if you're exceeding the license's permissions.

There are also a lot of requests that clearly amount to fair use and/or de minimis usage. You don't need to email me to get my permission to read a brief passage from one of my books on your Youtube video! You don't need my permission to quote one of my stories in an English exam! What's more, the world would be a lot shittier if you did, so let's not act as though that's reasonable behavior, lest we shift the (already far too restrictive) norms, which might even lead to a legal change.

Finally, there's the people who email me about their desire to make uses that are more (ahem) ambitious, but that no one could possibly find out about or get angry over…except for the fact that they emailed me to ask my permission.

You want to make a tiny bootleg edition of one of my novels for your anarchist book fair? That's totally a copyright infringement, it's super-illegal, and if my publisher found out about it, I'm sure they'd send you a sphincter-puckering legal letter telling you to knock it off (and maybe even demanding that you disgorge the seven dollars, three bottlecaps and eleven cool feathers you took in trade for those pirate books).

But my publisher won't ever find out about it – unless you email me asking for permission. I absolutely cannot give you permission to do this. I have a contract with my publisher promising that I will never authorize someone other than them to publish that book. Once you tell me about your intention to do this, I'm obliged to tell my publisher, so that they can tell you no in language that would strip paint off a barn.

Buying a classroom set of books, but you also want to paste chunks of one of my books into your educational institution's classroom intranet for use as a teaching aid? There's no way my publisher would ever find out you did that, and if they did, sure, you'd also get a blood-curdling legal letter. But dude, all my books are DRM-free. You could have just pasted the text into your CMS. In what universe is my publisher going to pay one of their lawyers to review, adjudicate and paper over your request to make a use that you're not proposing to pay them for?

Let's be clear: I'm not giving you permission to pirate my work. I already spend far too much of my time chasing down dickheads who sell competing editions of my books on Amazon and Audible. I'm sick to the back teeth of wrangling Ingram's takedown process to get rid of bootleg print editions of my books.

What I'm saying is, all of your interactions with copyrighted works need not involve the author and publisher. There is a whole universe of uses that might technically violate copyright, might technically not fit into de minimis, first sale or fair use – but these are also uses that no one would ever find out.

I get it. You may feel like you can't tell the difference between the kind of uses that no one would give a shit about; the uses that might attract a bone-chilling lawyer letter; and the uses that might land you in court. I'm sorry, but I can't help you figure that one out. I'm not a lawyer. Even if I was, I'm not your lawyer.

This is one of those areas where I break with my friend, the wonderful John Hodgman. On his indispensable podcast "Judge John Hodgman," he frequently admonishes people who are uncertain if they're overstepping a bound in a commercial establishment to ask an employee for permission. For example: should you fill up a water glass with soda water from a self-serve dispenser?

https://maximumfun.org/podcasts/judge-john-hodgman/

John says you should always ask the cashier. But I've worked jobs like that, and I can tell you that there were plenty of jobs where my boss felt very strongly that taking $0.0000001 worth of water and bubbles without paying for it was theft…and where I thought my boss was a dick for thinking that. If I pretended I didn't see you getting a glass of fizzy water, the worst that would happen is my boss would tell me to keep a closer eye on the customers lest they steal his precious CO2. But if you asked me whether you could fill your glass, and my boss caught me saying yes, I'd be fired.

There's a lot of normal, perfectly fine stuff that technically violates copyright that I can't give you permission to do, because I've signed a contract with my publisher. If you ask me, I'll have to ask my editor, who will say no, even though he thinks it's fine, too. If I push it, he'll have to ask the lawyers, who will almost certainly also say no, even if they think it's fine, because it doesn't make sense to spend hours papering over a legal agreement with someone who wants to sell seven copies of a book at an anarchist book-fair or upload a couple chapters of a book to a school's intranet.

Are there instances in which you might misjudge which category your use falls under and end up in court? I guess so. But if that's your concern, asking my permission does no good, because I'm just gonna tell you no.

Life is hard.

Read books.

Hey look at this (permalink)


A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago RIP, Poul Anderson https://www.locusmag.com/1997/Issues/04/Anderson.html

#25yrsago Talking P2P at PC Forum https://web.archive.org/web/20010820163912/https://www.edventure.com/pcforum/transcript.cfm?Counter=13

#25yrsago CD DRM cracked in 2 weeks https://web.archive.org/web/20010803144120/http://www.oreillynet.com/cs/weblog/view/wlg/533

#20yrsago Waitress cards drinker, is handed her own stolen ID https://web.archive.org/web/20060901042515/http://www.thedenverchannel.com/news/9606436/detail.html

#20yrsago How POWs in a Nazi camp got a Disney insignia https://web.archive.org/web/20061209200825/https://blog.modernmechanix.com/2006/08/01/wwii-pows-get-a-disney-designed-logo/

#20yrsago Fixies illegal in Portland https://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies-1727

#15yrsago Freedom of Information requests show that UK copyright consultation was a stitch-up; Internet disconnection rules are a foregone conclusion https://torrentfreak.com/digital-economy-act-a-foregone-conclusion-110731/

#15yrsago What Murdoch’s media empire did: the big picture https://web.archive.org/web/20110805111419/http://blogs.alternet.org/speakeasy/2011/07/27/what-rupert-murdoch-means-for-you-personally/

#15yrsago Flowchart shows the complexity of NZ Internet Disconnection copyright law https://web.archive.org/web/20111105044005/https://lawgeeknz.posterous.com/copyright-infringing-file-sharing-amendment-a

#15yrsago Married lesbian couple rescued 40 teenagers from drowning during Utøya shooting https://www.lgbtqnation.com/2011/07/married-lesbian-couple-saves-dozens-during-norway-shooting-rampage/

#15yrsago Stephen Fry debating Ann Widdecombe on the worth of the Catholic Church https://www.youtube.com/watch?v=9fN3zDtfivc

#10yrsago Jacksonville police pension fund blows $1.8M worth of tax-dollars fighting open records requests https://web.archive.org/web/20160804040211/http://jacksonville.com/news/metro/2016-07-30/story/open-government-lawsuits-against-city-pension-fund-cost-taxpayers-more-2

#10yrsago A profile of Moxie Marlinspike: the seagoing anarchist cryptographer who brought private messaging to millions https://www.wired.com/2016/07/meet-moxie-marlinspike-anarchist-bringing-encryption-us/

#10yrsago Burying the past in glass coffins: Victoria & Albert museum bans sketching in temporary exhibitions https://www.theguardian.com/artanddesign/2016/apr/22/va-museum-no-sketching-signs-draconian?CMP=share_btn_tw

#10yrsago Hugo Gernsback’s introduction to the first issue of Amazing Stories, 1926 https://brucesterling.tumblr.com/post/148297242233/a-new-magazine-announced-by-hugo-gernsback

#10yrsago Afterbrexit: Scotland trolls Theresa May by passing laws she has ridiculed https://www.nakedcapitalism.com/2016/08/scotland-disses-theresa-may-by-reviving-anti-inequality-law-she-loathes.html

#5yrsago Managing aggregate demand https://pluralistic.net/2021/08/01/managing-aggregate-demand-part-iv/

#1yrago Mattie Lubchansky's 'Simplicity' https://pluralistic.net/2025/08/01/ecosexuality/#nyc-ast

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, April 20, 2027

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027


Colophon (permalink)

Today's top sources:

Currently writing: "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. Fourth draft completed. Submitted to editor.

  • A Little Brother short story about DIY insulin PLANNING

This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.

How to get Pluralistic:

Blog (no ads, tracking, or data-collection):

Pluralistic.net

Newsletter (no ads, tracking, or data-collection):

https://pluralistic.net/plura-list

Mastodon (no ads, tracking, or data-collection):

https://mamot.fr/@pluralistic

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Tumblr (mass-scale, unrestricted, third-party surveillance and advertising):

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"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

READ CAREFULLY: By reading this, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies ("BOGUS AGREEMENTS") that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

ISSN: 3066-764X

Received — 23 April 2026 ⏭

Pluralistic: The (other) problem with automatic conversion of free software to proprietary software (23 Apr 2026)

✇Pluralistic: Daily links from Cory Doctorow
By: Cory Doctorow
23 April 2026 at 14:25


Today's links


The surface of Mars. In the foreground are a gnu and a giant pump-magazine killer robot whose head is being piloted by Tux the penguin. At their feet lies a dead robot, its head smashed in.

The (other) problem with automatic conversion of free software to proprietary software (permalink)

Here's an interesting stunt: a project called Malus.sh will take your money, and in exchange, it will ingest any free/open source code you want, refactor that code using an LLM, and spit out a "clean room" version that is freed from all the obligations imposed by the original project's software license:

https://www.404media.co/this-ai-tool-rips-off-open-source-software-without-violating-copyright/?ref=daily-stories-newsletter

Malus was co-created by Mike Nolan, who "researches the political economy of open source software and currently works for the United Nations." Nolan told 404 Media's Emanuel Maiberg that he shipped Malus as a real, live-fire business that will exchange money for an AI service that destroys the commons as a way to alert the free software movement to a serious danger.

As Maiberg writes, Malus relies on a legal precedent set in 1982, in which IBM brought a copyright suit against a small upstart called Columbia Data Products for reverse-engineering an IBM software product. IBM's argument was that Columbia must have copied its code – the copyrightable part of a work of software – in order to reimplement the functionality of that code. Functions aren't copyrightable: copyright protects creative expressions, not the ideas that inspire those expressions. The idea of a computer program that performs a certain algorithm is not copyrightable, but the code that turns that idea into a computer program is copyrightable.

Columbia's successful defense against IBM involved using a "clean room" in which two isolated teams collaborated on the reimplementation. The first team examined the IBM program and wrote a specification for another program that would replicate its functionality. The second team received the specification and turned it into a computer program. The first team did handle IBM software, but they did not create a new work of software. The second team did create a new work of software, but they never handled any IBM code.

This is the model for Malus: it pairs two LLMs, the first of which analyzes a free software program and prepares a specification for a program that performs the identical function. The second program receives that specification and writes a new program.

The Malus FAQ performs a "be as evil as possible" explanation for the purpose of this exercise:

Our proprietary AI robots independently recreate any open source project from scratch. The result? Legally distinct code with corporate-friendly licensing. No attribution. No copyleft. No problems.

This business about "attribution" and "copyleft" is a reference to the terms imposed by some free software licenses. The purpose of free software is to create a commons of user-inspectable, user-modifiable software that anyone can use, improve, and distribute. To achieve this, many free software licenses impose obligations on the people who distribute their code: you are allowed to take the code, improve the code, give it away or sell it, but you have to let other people do the same.

Typically, you have to inform people when there's free software in a package you've distributed (attribution) and supply them with the "source code" (the part that humans read and write, which is then "compiled" into code that a computer can use) on demand, so they can make their own changes. This system of requiring other people to share the things they make out of the code you share with them is sometimes called "copyleft," because it uses copyright, which is normally a system for restricting re-use to require people not to restrict that use.

Companies love to use free software, but they don't like to share free software. Companies like Vizio raid the commons for software that is collectively created and maintained, then simply refuse to live up to their end of the bargain, violating the license terms and (incorrectly) assuming no one will sue them:

https://pluralistic.net/2021/10/20/vizio-vs-the-world/#dumbcast

Malus's promise, then, is that you can pay them to create fully functional reimplementations of any free/open source software package that your company can treat as proprietary, without any obligations to the commons. You won't even have to acknowledge the original software project that you knocked off!

This is the risk that Nolan and his partner are trying to awaken the free/open source community to: that our commons is about to be raided by selfish monsters who serve as gut-flora for the immortal colony organisms we call "limited liability corporations," who will steal everything we've built and destroy the social contract we live by.

This is a real problem, but not because of AI. We already have this situation, and it's really bad. Most of the foundational free software projects were created under older licenses that did not contemplate cloud computing and software as a service. The "copyleft" obligations of these licenses are triggered by the distribution of the software – that is, when I send you a copy of the code.

But cloud services don't have to send you the code: when you run Adobe Creative Cloud or Google Docs, the most important code is all resident on corporate servers, and never sent to you, which means that you are not entitled to a copy of the new software that has been built atop of our commons. In other words, big companies have "software freedom" (the freedom to use, modify and improve software) and we've got "open source" (the impoverished right to look at the versions of these packages that are sitting on services like Github – itself a division of Microsoft):

https://mako.cc/copyrighteous/libreplanet-2018-keynote

Then there's "tivoization," a tactic for stealing from the commons that wasn't quite invented by Tivo, though they were one of its most notorious abusers. Tivoization happens when you distribute free software as part of a hardware device, then use "digital locks" (sometimes called "technical protection measures") to prevent the owner of this device from running a modified version of the code. With tivoization, I can sell you a device running free software and I can comply with the license by giving you the code, but if you change the code and try to get the device to run it, it will refuse. What's more, "anti-circumention" laws like Section 1201 of the US Digital Millennium Copyright Act make it a felony to tamper with these digital locks, so it becomes a crime to use modified software on your own device:

https://pluralistic.net/2026/03/16/whittle-a-webserver/#mere-ornaments

There's no question that the tech industry would devour the free software commons if they were allowed to, and the AI threat that Nolan raises with Malus seems alarming, but while there's something to worry about there, I think the risk is being substantially overstated.

That's because copyleft licenses – and indeed, all software licenses – are copyright licenses, and software written by AI is not eligible for a copyright, because nothing made by AI is eligible for copyright:

https://pluralistic.net/2026/03/03/its-a-trap-2/#inheres-at-the-moment-of-fixation

Copyright is awarded solely to works of human authorship. This fact has been repeatedly affirmed by the US Copyright Office, which has fought appeals of this principle all the way to the Supreme Court, which declined to hear the case. That's because the principle that copyright is strictly reserved for human creativity isn't remotely controversial in legal circles. This is just how copyright works.

Which means that the "be evil" version of Malus's business model has a fatal flaw. While the code that Malus produces is indeed "legally distinct" with "no attribution" and "no copyleft," it's not true that there are "no problems." That's because Malus's code doesn't have "corporate-friendly licensing." Far from it: Malus's code has no licensing, because it is born in the public domain and cannot be copyrighted.

In other words, if you're a corporation hoping to use Malus to knock off a free software project so that you can adapt it and distribute it without having to make your modifications available, Malus's code will not suit your needs. If you give me code that Malus produced, you can't stop me from doing anything I want with it. I can sell it. I can give it away. I can make a competing product that reproduces all of your code and sell it at a 99% discount. There's nothing you can do to stop me, any more than you could stop me from giving away the text of a Shakespeare play you sold me. You can't stick a license agreement or terms of service between me and the product that binds me to pretend that your public domain software is copyrighted – that's also not allowed under copyright.

Does that mean that Malus is a meaningless stunt? No, because this automated reimplementation does create some risks to our software commons. A troll who doesn't care about selling software could clone every popular free software project and make public domain versions that would be confusing and maybe demoralizing. Combining these clean-room reimplementations with cloud software or tivoization could create hybrid forms of commons-enclosure that are more virulent than the current strains.

But reimplementation itself is not a risk to free software. Reimplementation is the bedrock of free software. GNU/Linux itself is a reimplementation of AT&T Unix. Free software authors re-implement each other's code all the time, often because they think the license the original code was released under sucks. Literally the coolest free software thing I've seen in the past 12 months included a reimplementation of Raspberry Pi's PIO module to escape from its bullshit patent encumbrances:

https://youtu.be/BbWWGkyIBGM?si=vO5zLH3OG5JLW7OP&t=2253

Reimplementation is good, actually. And honestly, if corporations are foolish enough to reimplement their code using an LLM, and in so doing, create a vast new commons of public domain software, well, that's not exactly the freesoftwarepocalypse, is it?

(Image: Muhammad Mahdi Karim, GNU FDL; modified)

Hey look at this (permalink)


A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago PimpMySnack: homemade, gigantic versions of snack food https://web.archive.org/web/20060421034050/http://www.pimpmysnack.com/gallery.php

#20yrsago Thieves discover abandoned Soviet missile silo full of cash https://web.archive.org/web/20060411021047/http://www.mosnews.com/news/2006/03/07/moneyfound.shtml

#15yrsago Victorian house’s facade converted to a folding garage-door https://web.archive.org/web/20110423213819/https://www.blog.beausoleil-architects.com/2011/03/architectural-magic.html

#15yrsago Xerox’s first successful copier burst into flame so often it came with a fire-extinguisher https://en.wikipedia.org/wiki/Xerox_914

#15yrsago MPAA: “democratizing culture is not in our interest” https://torrentfreak.com/mpaa-democratizing-culture-is-not-in-our-interest-110420/

#15yrsago Mail Rail: London’s long-lost underground postal railroad https://web.archive.org/web/20110805130854/http://www.silentuk.com/?p=2792

#10yrsago Kindle Unlimited is being flooded with 3,000-page garbage books that suck money out of the system https://web.archive.org/web/20160421055052/https://consumerist.com/2016/04/20/amazon-unintentionally-paying-scammers-to-hand-you-1000-pages-of-crap-you-dont-read/

#10yrsago America’s wealth gap has created an ever-increasing longevity gap https://www.counterpunch.org/2016/04/21/the-death-gap/

#10yrsago Why is Congress so clueless about tech? Because they fired all their experts 20 years ago https://www.wired.com/2016/04/office-technology-assessment-congress-clueless-tech-killed-tutor/

#10yrsago Why Internet voting is a terrible idea, explained in small words anyone can understand https://www.youtube.com/watch?v=abQCqIbBBeM

#10yrsago VW offers to buy back 500K demon-haunted diesels https://www.reuters.com/article/us-volkswagen-emissions-usa-idUSKCN0XH2CX/?feedType=RSS&feedName=topNews

#10yrsago Printer ink wars may make private property the exclusive domain of corporations https://www.eff.org/deeplinks/2016/04/eff-asks-supreme-court-overturn-dangerous-ruling-allowing-patent-owners-undermine

#5yrsago Some thoughts on GWB's call for truth in politics https://pluralistic.net/2021/04/21/re-identification/#seriously-fuck-that-guy

#5yrsago What's wrong with EU's trustbusters https://pluralistic.net/2021/04/21/re-identification/#eu-antitrust

#5yrsago Hawley and Taylor Greene faked their donor-surge https://pluralistic.net/2021/04/21/re-identification/#jan-6-fraud

#5yrsago The Observatory of Anonymity https://pluralistic.net/2021/04/21/re-identification/#pseudonymity

#1yrago Trump's FTC opens the floodgates for tariff profiteering https://pluralistic.net/2025/04/21/trumpflation/#andrew-ferguson

Upcoming appearances (permalink)

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A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • "The Reverse-Centaur's Guide to AI," a short book about being a better AI critic, Farrar, Straus and Giroux, June 2026 (https://us.macmillan.com/books/9780374621568/thereversecentaursguidetolifeafterai/)

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2026

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027


Colophon (permalink)

Today's top sources:

Currently writing: "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. Third draft completed. Submitted to editor.

  • "The Reverse Centaur's Guide to AI," a short book for Farrar, Straus and Giroux about being an effective AI critic. LEGAL REVIEW AND COPYEDIT COMPLETE.

  • "The Post-American Internet," a short book about internet policy in the age of Trumpism. PLANNING.

  • A Little Brother short story about DIY insulin PLANNING

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