🏛️ AI's training data gets a copyright bill - citations, links and licences
Generative models synthesize other people's corpora and the fair-use fight is coming. Jason's call is that ChatGPT-class services will be forced to cite the original work, link to it and get permission for it - a Napster-style reckoning where the fourth fair-use factor (depriving the copyright owner of income) bites, and an 'AI.txt' licensing regime emerges. Owners of large proprietary corpora capture the payment. Sacks' counter is that permission-in-advance is impossible at training-set scale.
⚖ Why this verdict
fully deterministic — evaluate.py replays this from daily closes; nothing below is editable or hand-set
- Window: 2023-01-13 → 2026-01-13 — first mention + 36-month horizon, then the window locks.
- The call: ▲ LONG NYT (primary play). NYT rose 116.3% over the window → direction-adjusted R = +116.3% (the call made money).
- Benchmark: holding SPY over the same window returned +81.1% → α = +116.3 − (+81.1) = +35.2% — what this call made or lost against just owning the index. This is the number the verdict uses.
- Rule fired:
▶ HIT — R ≥ +10% AND α ≥ +5 ✓ (R 116.3, α 35.2)· PARTIAL — R ≥ +5% OR α ≥ 0· MISS — everything else
- Credit: supporters of a HIT earn 1.0 each, opposers the inverse — this feeds the scoreboard weights. supported: Jason | opposed: Chamath, Friedberg, Sacks | proxy-sensitive: GETY→MISS (-76.0%); YELP→MISS (+1.2%)
Conviction timeline
bands: green ≥ 65 · watch ≥ 45 · ember ≥ 15
Plays vs SPY · % since first mention (2023-01-13)
Plays
| expression | symbol | kind | relevance | rationale |
|---|---|---|---|---|
| ▲ LONG | NYT | stock | PRIMARY | largest single-owner licensable news corpus - the archetypal licensor/plaintiff if citation and permission become the rule |
| ▲ LONG | GETY | stock | adjacent | Getty Images is the same fight in visual media - a licensed corpus versus uncompensated model training |
| ▲ LONG | YELP | stock | adjacent | the exact data set argued over on air - ChatGPT quoted Yelp reviews back to Jason without a link |
Mention log
“Now, that doesn't mean that ChatGPT can't figure that out, but it's those kinds of problems that are going to be a little thorny in these next few years that have to really get figured out.”
“They train their AI on Getty Images with the watermarks on them, and they've been busted, and they are dead to rights now, and they are going to pay a hundred million dollars or more to Getty Images for stealing their content and allowing it to be republished in a commercial setting.”
“And I'm going to go and make sure that all of these publishers have a new kind of agreement that they signed up for, which is I'll do my best to help you monetize, you do your best by being exclusive to our AI agents, so you deprive other models of your content on your pages, because that will get litigated, and there is no way, just like, again, if you say, do not crawl, you're not allowed to crawl if you're Google or Microsoft researching. This is going to happen for these agents. It's unrealistic to expect that it won't.”
“They made specific note when they launched this that all of this is done with stock photography. They have the complete license to, so they can monetize this without getting sued like Microsoft is currently being sued.”
“it is Getty's right to then make derivative products based on their images... that is no excuse to use an open web crawler to avoid getting a license from the original owner of that. Just because you can technically do it doesn't mean you're allowed to do it.”
“I do think that AI models should be able to use the content that's available on the web under a fair use doctrine to train their models for the benefit of consumers. And I don't see a reason to try and tie that up in a bunch of copyright lawsuits.”
“it's unrealistic for you to frame this as validating or justifying the fact that these companies won't be able to access and utilize open data under fair use to train models... So what ChatGPT is doing is they're accessing content behind a paywall... So it's not a training data set that's now being unlocked”
“I just think the authority at which these LLMs speak is ridiculous. They speak as if they are absolutely 100% certain that this is the crisp, perfect answer ... When it should present it with citations.”
“yeah, YouTube's on the Internet, and I feel like anything that's on the open Internet should be watchable by these models. I don't consider training models to be generation of derivative work. That's my position.”
“the models don't actually hold the data that they're trained on. They develop a bunch of synthesized predictors... I'd rather focus on is there copyright infringement in the output? Does the output mimic an original copyrighted source? And if it does, then that's where the infringement should lie, not on the how did you do it”
“So I think there's an opt in, opt out in that case, first of all, and then there's an economic model.”
“What's the difference here and why are you making the case that perhaps artists should be uniquely paid? This is not a sampling situation. The AI is not outputting and it's not storing in the model the actual original song. It's learning structure.”
“The music industry is going to consider this opportunity to make Taylor Swift songs their opportunity. It's part of the four part fair use test is, you know, these who gets to capitalize on new innovations for existing art.”
“And I think that we're going to see a major lawsuit here. Those people who are in those boxes are going to look at the answer here and realize maybe they don't get the click through and that this answer was built on that. And now we're going to have to have a new framework. There's going to need to be, Sacks, a new company that clears this content so that Google can do answers like this.”
“Well, look, this is the same conversation we've had two or three times where we're gonna need the courts to figure out what fair use is. And depending on what they come up with, it may be the case that Google has to cut them in by doing licensing deals.”
“And by the way, I mean, because it is such an industry-leading company, I think we could end up with some very bad fair use precedents or laws because Scarlett Johansson is so sympathetic as a plaintiff compared to OpenAI. And unless they show us some discovery that proves that they really did hire the voice actor and all the rest of it, I mean, this could lead to some very bad precedents for the industry around fair use.”
“What happens in these content cases is they get settled almost every single time. So, the case law doesn't get codified, they just get settled out of court. If you go look at all the Fair Use cases, they almost never go to the mat. And so, this one will just be settled. It'll just be a question at what price.”
“I think what we will see over time is that rather than have the ability to sue for their likeness, a lot of AI that is like a celebrity, the value of it will arise from the celebrity's endorsement, not actually using the celebrity's features.”
“we can train these models, like training is like reading. And like reading things is, like when something's available to be read, and you've engaged in the right economic thing for reading it, I think that's a kind of a reasonable, fair use thing.”
“I think it's for three years is the license and they just did this blanket license for every book. They didn't look at yourself. They didn't look at how desirable it was. It was just like a blanket deal. Everybody gets $2,500 bucks per book for three years. And I think I'm going to just do it just to support proper licensing so that people can start going down this path.”
“I have a prediction here. I think this is all going to wind up like the Napster Spotify case. ... I think that there is a non-zero chance, like it might be 5 or 10 percent, that OpenAI is going to lose the New York Times lawsuit and they're going to lose it hard and there could be injunctions. And I think the settlement might be that these language models, especially the closed ones, are going to have to pay some percentage in a negotiated settlement of their revenue, half, two-thirds, to the content holders. And this could make the content industry have a massive, massive uplift and a massive resurgence.”
“I'm going to go out even thinner limb and say I largely agree with you. I think it's a bit rich to crawl the open web, hoover up all the data, offer direct substitution for a lot of use cases, because now you start and end with the AI model. It's not even like you link out like Google did. And then you just close off the models for safety reasons. I think if you trained on the open web, your model should be open source.”
“I philosophically disagree with all of your nonsense on this topic. All three of you are wrong. And I'll tell you why. Number one, if information is out in the open internet, I believe it's accessible and it's viewable. And I view an LLM or a web crawler as basically being a human that's reading and can store information in its brain.”
“if all they're doing is transforming the work, they're doing positional encoding, and then coming up with their own unique work product, this judge said that that is not a violation of copyright. I completely agree with that.”
“I read that and I thought, this is the peak of these deals. These deals will only go down in terms of dollar value from here. And it actually brought me to this point where I was thinking to myself, is it even realistic to believe that patents and copyrights actually exist in five years?”
“you just can't have a situation where China can train on the entire internet, and our AI models are hamstrung by needing to contract, negotiate contracts with every single website.”
Who built this conviction
each voice's total force on the score — supports and opposes from every mention, weighted exactly as the replay applied them · share = % of all mention-driven movement
⏳ decay drained -95.3 over the idea's life — that's time passing, attributed to no one
Score events
| episode | kind | Δ | after | note |
|---|---|---|---|---|
| E111 2023-01-13 | init | +42.0 | 42.0 | E111 born by Jason (explicit_prediction x3) |
| E111 2023-01-13 | reinforce | +13.3 | 55.3 | E111 Chamath support x2 (new voice) [w=1.02] |
| E111 2023-01-13 | oppose | -11.6 | 43.7 | E111 Sacks opposes x2 [w=0.97] |
| E112 2023-01-20 | decay | -0.9 | 42.9 | E112 silent |
| E113 2023-01-27 | decay | -0.9 | 42.0 | E113 silent |
| E114 2023-02-04 | decay | -0.8 | 41.2 | E114 silent |
| E115 2023-02-11 | reinforce | +10.8 | 52.0 | E115 Chamath support x3 [w=1.02] |
| E115 2023-02-11 | oppose | -13.9 | 38.1 | E115 Sacks opposes x3 [w=0.97] |
| E115 2023-02-11 | oppose | -12.1 | 26.0 | E115 Friedberg opposes x3 [w=0.84] |
| E115 2023-02-11 | reinforce | +13.3 | 39.3 | E115 Jason support x3 |
| E116 2023-02-17 | decay | -0.8 | 38.5 | E116 silent |
| E118 2023-03-03 | decay | -0.8 | 37.8 | E118 silent |
| E119 2023-03-11 | decay | -0.8 | 37.0 | E119 silent |
| E120 2023-03-17 | decay | -0.7 | 36.3 | E120 silent |
| E121 2023-03-24 | decay | -0.7 | 35.5 | E121 silent |
| E122 2023-03-31 | decay | -0.7 | 34.8 | E122 silent |
| E123 2023-04-07 | decay | -0.7 | 34.1 | E123 silent |
| E124 2023-04-14 | decay | -0.7 | 33.5 | E124 silent |
| E125 2023-04-21 | reinforce | +12.0 | 45.4 | E125 Jason support x3 |
| E126 2023-04-28 | decay | -0.9 | 44.5 | E126 silent |
| E128 2023-05-12 | reinforce | +6.7 | 51.2 | E128 Jason support x1 |
| E129 2023-05-19 | decay | -1.0 | 50.2 | E129 silent |
| E130 2023-05-26 | reinforce | +7.5 | 57.6 | E130 Jason support x2 |
| E131 2023-06-02 | decay | -1.2 | 56.5 | E131 silent |
| E132 2023-06-10 | decay | -1.1 | 55.3 | E132 silent |
| E133 2023-06-16 | reinforce | +8.0 | 63.4 | E133 Jason support x3 |
| E133 2023-06-16 | reinforce | +4.6 | 68.0 | E133 Friedberg support x2 (flipped from oppose) [w=0.84] |
| E133 2023-06-16 | reinforce | +4.9 | 72.9 | E133 Chamath support x2 [w=1.02] |
| E134 2023-06-24 | decay | -1.5 | 71.4 | E134 silent |
| E135 2023-07-01 | decay | -1.4 | 70.0 | E135 silent |
| E136 2023-07-09 | decay | -1.4 | 68.6 | E136 silent |
| E137 2023-07-14 | decay | -1.4 | 67.2 | E137 silent |
| E139 2023-07-27 | decay | -1.3 | 65.9 | E139 silent |
| E140 2023-08-04 | decay | -1.3 | 64.6 | E140 silent |
| E141 2023-08-11 | decay | -1.3 | 63.3 | E141 silent |
| E142 2023-08-18 | decay | -1.3 | 62.0 | E142 silent |
| E143 2023-08-25 | decay | -1.2 | 60.8 | E143 silent |
| E144 2023-09-01 | decay | -1.2 | 59.6 | E144 silent |
| E146 2023-09-22 | decay | -1.2 | 58.4 | E146 silent |
| E147 2023-09-29 | decay | -1.2 | 57.2 | E147 silent |
| E148 2023-10-07 | decay | -1.1 | 56.1 | E148 silent |
| E149 2023-10-13 | decay | -1.1 | 54.9 | E149 silent |
| E150 2023-10-20 | decay | -1.1 | 53.8 | E150 silent |
| E151 2023-10-27 | decay | -1.1 | 52.8 | E151 silent |
| E152 2023-11-03 | decay | -1.1 | 51.7 | E152 silent |
| E156 2023-12-08 | decay | -1.0 | 50.7 | E156 silent |
| E157 2023-12-16 | oppose | -12.1 | 38.6 | E157 Friedberg opposes x3 [w=0.84] |
| E157 2023-12-16 | oppose | -13.9 | 24.7 | E157 Sacks opposes x3 [w=0.97] |
| E157 2023-12-16 | reinforce | +13.6 | 38.2 | E157 Jason support x3 |
| E157 2023-12-16 | brush_off | -13.4 | 24.9 | E157 Chamath brushes off |
| E158 2023-12-23 | decay | -0.5 | 24.4 | E158 silent |
| E159 2023-12-29 | decay | -0.5 | 23.9 | E159 silent |
| E160 2024-01-06 | decay | -0.5 | 23.4 | E160 silent |
| E161 2024-01-13 | decay | -0.5 | 22.9 | E161 silent |
| E162 2024-01-19 | decay | -0.5 | 22.5 | E162 silent |
| E163 2024-01-26 | decay | -0.4 | 22.0 | E163 silent |
| E164 2024-02-02 | decay | -0.4 | 21.6 | E164 silent |
| E165 2024-02-09 | decay | -0.4 | 21.2 | E165 silent |
| E166 2024-02-16 | decay | -0.4 | 20.7 | E166 silent |
| E167 2024-02-23 | reinforce | +9.2 | 29.9 | E167 Sacks support x1 (flipped from oppose) [w=0.97] |
| E167 2024-02-23 | reinforce | +10.5 | 40.4 | E167 Jason support x2 |
| E168 2024-03-01 | reinforce | +8.9 | 49.4 | E168 Jason support x2 |
| E169 2024-03-08 | decay | -1.0 | 48.4 | E169 silent |
| E170 2024-03-15 | reinforce | +7.7 | 56.1 | E170 Jason support x2 |
| E170 2024-03-15 | oppose | -10.1 | 46.1 | E170 Friedberg opposes x2 [w=0.84] |
| E170 2024-03-15 | oppose | -11.6 | 34.5 | E170 Sacks opposes x2 [w=0.97] |
| E171 2024-03-22 | decay | -0.7 | 33.8 | E171 silent |
| E172 2024-03-29 | decay | -0.7 | 33.1 | E172 silent |
| E173 2024-04-05 | decay | -0.7 | 32.4 | E173 silent |
| E174 2024-04-12 | oppose | -11.6 | 20.9 | E174 Sacks opposes x2 [w=0.97] |
| E174 2024-04-12 | oppose | -12.1 | 8.8 | E174 Friedberg opposes x3 [w=0.84] |
| E174 2024-04-12 | oppose | -8.8 | 0.0 | E174 Chamath opposes x2 [w=1.02] |
| E175 2024-04-19 | decay | · | 0.0 | E175 silent |
| E176 2024-04-26 | decay | · | 0.0 | E176 silent |
| E177 2024-05-03 | decay | · | 0.0 | E177 silent |
| E178 2024-05-10 | reinforce | +11.2 | 11.2 | E178 Sam Altman support x2 (new voice) [w=0.50] |
| E178 2024-05-10 | oppose | -10.1 | 1.2 | E178 Friedberg opposes x2 [w=0.84] |
| E178 2024-05-10 | reinforce | +14.8 | 16.0 | E178 Jason support x2 |
| E179 2024-05-17 | reinforce | +12.6 | 28.6 | E179 Jason support x2 |
| E179 2024-05-17 | reinforce | +10.3 | 39.0 | E179 Sacks support x2 (flipped from oppose) [w=0.97] |
| E180 2024-05-24 | oppose | -10.1 | 28.9 | E180 Friedberg opposes x2 [w=0.84] |
| E180 2024-05-24 | reinforce | +10.9 | 39.8 | E180 Chamath support x2 (flipped from oppose) [w=1.02] |
| E180 2024-05-24 | reinforce | +8.7 | 48.5 | E180 Sacks support x2 [w=0.97] |
| E180 2024-05-24 | reinforce | +7.7 | 56.2 | E180 Jason support x2 |
| E181 2024-05-31 | decay | -1.1 | 55.1 | E181 silent |
| E182 2024-06-07 | decay | -1.1 | 54.0 | E182 silent |
| E183 2024-06-14 | decay | -1.1 | 52.9 | E183 silent |
| E184 2024-06-20 | decay | -1.1 | 51.9 | E184 silent |
| E185 2024-06-29 | decay | -1.0 | 50.8 | E185 silent |
| E186 2024-07-04 | decay | -1.0 | 49.8 | E186 silent |
| E187 2024-07-12 | decay | -1.0 | 48.8 | E187 silent |
| E188 2024-07-19 | decay | -1.0 | 47.8 | E188 silent |
| E189 2024-07-26 | decay | -1.0 | 46.9 | E189 silent |
| E190 2024-08-02 | decay | -0.9 | 45.9 | E190 silent |
| E191 2024-08-09 | decay | -0.9 | 45.0 | E191 silent |
| E192 2024-08-16 | decay | -0.9 | 44.1 | E192 silent |
| E193 2024-08-23 | decay | -0.9 | 43.2 | E193 silent |
| E194 2024-08-30 | reinforce | +8.5 | 51.8 | E194 Jason support x2 |
| E194 2024-08-30 | oppose | -6.0 | 45.8 | E194 Reid Hoffman opposes x2 [w=0.50] |
| E195 2024-09-06 | decay | -0.9 | 44.8 | E195 silent |
| E196 2024-09-20 | decay | -0.9 | 43.9 | E196 silent |
| E197 2024-09-27 | decay | -0.9 | 43.1 | E197 silent |
| E198 2024-10-03 | decay | -0.9 | 42.2 | E198 silent |
| E199 2024-10-11 | decay | -0.8 | 41.4 | E199 silent |
| E200 2024-10-18 | decay | -0.8 | 40.5 | E200 silent |
| E201 2024-10-25 | decay | -0.8 | 39.7 | E201 silent |
| E202 2024-11-01 | decay | -0.8 | 38.9 | E202 silent |
| E203 2024-11-08 | decay | -0.8 | 38.2 | E203 silent |
| E204 2024-11-16 | decay | -0.8 | 37.4 | E204 silent |
| E205 2024-11-23 | decay | -0.7 | 36.6 | E205 silent |
| E206 2024-12-07 | decay | -0.7 | 35.9 | E206 silent |
| E207 2024-12-13 | decay | -0.7 | 35.2 | E207 silent |
| E208 2024-12-20 | decay | -0.7 | 34.5 | E208 silent |
| E209 2025-01-04 | decay | -0.7 | 33.8 | E209 silent |
| E210 2025-01-11 | decay | -0.7 | 33.1 | E210 silent |
| E211 2025-01-18 | decay | -0.7 | 32.5 | E211 silent |
| E212 2025-01-25 | decay | -0.6 | 31.8 | E212 silent |
| E213 2025-01-31 | reinforce | +10.2 | 42.0 | E213 Jason support x2 |
| E214 2025-02-07 | decay | -0.8 | 41.2 | E214 silent |
| E215 2025-02-15 | reinforce | +6.6 | 47.8 | E215 Naval Ravikant support x2 (new voice) [w=0.50] |
| E215 2025-02-15 | reinforce | +9.4 | 57.2 | E215 Jason support x3 |
| E215 2025-02-15 | reinforce | +6.6 | 63.8 | E215 Chamath support x2 [w=1.02] |
| E215 2025-02-15 | oppose | -10.1 | 53.7 | E215 Friedberg opposes x2 [w=0.84] |
| E216 2025-02-21 | decay | -1.1 | 52.6 | E216 silent |
| E217 2025-03-01 | decay | -1.1 | 51.6 | E217 silent |
| E218 2025-03-08 | decay | -1.0 | 50.5 | E218 silent |
| E219 2025-03-15 | decay | -1.0 | 49.5 | E219 silent |
| E220 2025-03-22 | decay | -1.0 | 48.5 | E220 silent |
| E221 2025-03-29 | decay | -1.0 | 47.6 | E221 silent |
| E222 2025-04-05 | decay | -1.0 | 46.6 | E222 silent |
| E223 2025-04-11 | decay | -0.9 | 45.7 | E223 silent |
| E224 2025-04-19 | decay | -0.9 | 44.8 | E224 silent |
| E225 2025-04-26 | decay | -0.9 | 43.9 | E225 silent |
| E226 2025-05-02 | decay | -0.9 | 43.0 | E226 silent |
| E227 2025-05-09 | decay | -0.9 | 42.1 | E227 silent |
| E228 2025-05-17 | decay | -0.8 | 41.3 | E228 silent |
| E229 2025-05-24 | decay | -0.8 | 40.5 | E229 silent |
| E231 2025-06-13 | decay | -0.8 | 39.7 | E231 silent |
| E232 2025-06-21 | decay | -0.8 | 38.9 | E232 silent |
| E233 2025-06-28 | oppose | -13.9 | 25.0 | E233 Sacks opposes x3 [w=0.97] |
| E233 2025-06-28 | reinforce | +13.5 | 38.5 | E233 Jason support x3 |
| E233 2025-06-28 | reinforce | +9.4 | 47.9 | E233 Chamath support x2 [w=1.02] |
| E234 2025-07-04 | decay | -1.0 | 46.9 | E234 silent |
| E235 2025-07-11 | decay | -0.9 | 46.0 | E235 silent |
| E236 2025-07-19 | decay | -0.9 | 45.1 | E236 silent |
| E237 2025-08-01 | oppose | -12.1 | 33.0 | E237 Friedberg opposes x3 [w=0.84] |
| E237 2025-08-01 | oppose | -11.6 | 21.4 | E237 Sacks opposes x2 [w=0.97] |
| E237 2025-08-01 | oppose | -14.7 | 6.7 | E237 Chamath opposes x3 [w=1.02] |
| E237 2025-08-01 | reinforce | +16.8 | 23.5 | E237 Jason support x3 |
| E238 2025-08-09 | decay | -0.5 | 23.0 | E238 silent |
| E239 2025-08-15 | decay | -0.5 | 22.6 | E239 silent |
| E240 2025-08-22 | decay | -0.5 | 22.1 | E240 silent |
| E241 2025-08-29 | decay | -0.4 | 21.7 | E241 silent |
| E242 2025-09-07 | decay | -0.4 | 21.3 | E242 silent |
| E243 2025-09-19 | decay | -0.4 | 20.8 | E243 silent |
| E244 2025-09-27 | decay | -0.4 | 20.4 | E244 silent |
| E245 2025-10-03 | decay | -0.4 | 20.0 | E245 silent |
| E246 2025-10-10 | decay | -0.4 | 19.6 | E246 silent |
| E247 2025-10-17 | decay | -0.4 | 19.2 | E247 silent |
| E248 2025-10-24 | decay | -0.4 | 18.8 | E248 silent |
| E249 2025-10-31 | decay | -0.4 | 18.4 | E249 silent |
| E250 2025-11-07 | decay | -0.4 | 18.1 | E250 silent |
| E251 2025-11-14 | decay | -0.4 | 17.7 | E251 silent |
| E252 2025-11-22 | decay | -0.4 | 17.4 | E252 silent |
| E253 2025-12-06 | decay | -0.3 | 17.0 | E253 silent |
| E254 2025-12-13 | decay | -0.3 | 16.7 | E254 silent |
| E255 2025-12-19 | decay | -0.3 | 16.3 | E255 silent |
| E256 2025-12-31 | decay | -0.3 | 16.0 | E256 silent |
| E257 2026-01-10 | decay | -0.3 | 15.7 | E257 silent |