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Column: The AI industry has a battle-tested plan to keep using our content without paying for it

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Column: The AI industry has a battle-tested plan to keep using our content without paying for it

This time in 2023, the world was in thrall to the rise of OpenAI’s dazzling chatbot. ChatGPT was metastasizing like a fungal infection, amassing tens of millions of users a month. Multibillion-dollar partnerships materialized, and investments poured in. Big Tech joined the party. AI image generators like Midjourney took flight.

Just a year later, the mood has darkened. The surprise sacking and rapid reinstatement of OpenAI Chief Executive Sam Altman gave the company an embarrassing emperor-has-no-clothes moment. Profits are scarce across the sector, and computing costs are sky high. But one issue looms large above all and threatens to bring the fledgling industry back to earth: Copyright.

The legal complaints that cropped up throughout last year have grown into a thundering chorus, and the tech companies say they now present an existential threat to generative AI (the kind that can produce writing, pictures, music and so on). If 2023 was the year the world marveled at AI content generators, 2024 may be the year that the humans who created the raw materials that made that content possible get their revenge — and maybe even claw back some of the value built on their work.

In the last days of December, the New York Times filed a bombshell lawsuit against Microsoft and OpenAI, alleging that “millions of its articles were used to train automated chatbots that now compete with the news outlet as a source of reliable information.” The Times’ lawsuit joins a host of others — class-action lawsuits filed by illustrators, by the photo service Getty Images, by George R.R. Martin and the Author’s Guild, by anonymous social media users, to name a few — all alleging that companies that stand to profit from generative AI used the work of writers, reporters, artists and others without consent or compensation, infringing on their copyrights in the process.

Our experiments make it all but certain that these systems are in fact training on copyrighted material.

— Cognitive scientist Gary Marcus

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Each of these lawsuits have their merits, but the Gray Lady’s entrance into the arena changes the game. For one thing, the Times is influential in shaping national narratives. For another, the Times lawsuit is uniquely damning; it’s loaded with example after example of how ChatGPT replicates news articles nearly verbatim, and offers the responses to its paying customers, free of attribution.

It’s not just the lawsuits: The heat is getting turned up by Congress, researchers and AI experts too. On Wednesday, a congressional hearing saw senators and media industry representatives agree that AI companies should pay licensing fees for the material they use to train their models. “It’s not only morally right,” said Sen. Richard Blumenthal (D.-Conn.), who chairs the subcommittee that held the hearing, according to Wired. “It’s legally required.”

Meanwhile, a fiery study recently published in IEEE Spectrum, co-written by the cognitive scientist and AI expert Gary Marcus and the film industry veteran Reid Southern, shows that Midjourney and Dall-E, two of the leading AI image generators, were trained on copyrighted material, and can regurgitate that material at will — often without even being prompted to.

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“Our experiments make it all but certain that these systems are in fact training on copyrighted material,” Marcus told me, something that the companies have been coy about copping to explicitly. “The companies have been far from straightforward in what they’re using, so it was important to establish that they are using copyrighted materials.” Also important: that the copyright-infringing works come spilling out of the systems with little prodding. “You don’t need to prompt it, to say ‘make C3P0’ — you can just say ‘draw golden droid.’ Or ‘Italian plumber’ — it will just draw Mario.”

This has serious implications for anyone using the systems in a commercial capacity. “The companies whose properties are infringed — Mattel, Nintendo — are going to take an interest in this,” Marcus says. “But the user is left vulnerable too — There’s nothing in the output that says what the sources are. In fact the software isn’t capable of doing that in a reliable way. So the users are on the hook and have no clue as to whether it’s infringing or not.”

There’s also a sense of momentum that’s beginning to build behind the simple notion that creators should be compensated for work that’s being used by AI companies valued at billions or tens of billions — or hundreds of billions of dollars, as Google and Microsoft are. The notion that generative AI systems are at root “plagiarism machines” has become increasingly widespread among their critics, and social media is teeming with opprobrium against AI.

But those AI companies aren’t likely to relent. We saw a foreshadowing of how the AI companies would respond to copyright concerns at large last year, when famed venture capitalist and AI evangelist Marc Andreessen’s firm argued that AI companies would go broke if they had to pay copyright royalties or licensing fees. Just this week, British media outlets reported that OpenAI has made the same case, seeking an exemption from copyright rules in England, claiming that the company simply couldn’t operate without ingesting copyrighted materials.

“Because copyright today covers virtually every sort of human expression — including blogposts, photographs, forum posts, scraps of software code, and government documents — it would be impossible to train today’s leading AI models without using copyrighted materials,” OpenAI argued in its submission to the House of Lords. Note that both Andreessen and OpenAI’s statements underscore the value of copyrighted work in arguing that AI companies shouldn’t have to pay for it.

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What can they do about it?

First, they’re pleading poverty. There’s just too much material out there to compensate everyone who contributed to making their system work and to making their valuation go through the roof. “Poor little rich company that’s valued at $100 billion can’t afford it,” Marcus says. “I don’t know how well that’s going to wash, but that’s what they’re arguing.”

The AI companies also argue what they’re doing falls under the legal doctrine of fair use — probably the strongest argument they’ve got — because it’s transformative. This argument helped Google win in court against the big book publishers when it was copying books into its massive Google Books database, and defeat claims that YouTube was profiting by allowing users to host and promulgate unlicensed material.

Next, the AI companies argue that copyright-violating outputs like those uncovered by Marcus, Southern and the New York Times are rare or are bugs that are going to be patched.

“They say, ‘Well this doesn’t happen very much. You need to do special prompting.’ But the things we asked it were pretty neutral — and we still got” copyrighted material, Marcus says. “This is not a minor side issue — this is how the systems are built. It is existential for these companies to be able to use this amount of data.”

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Finally, aside from just making arguments in court and in statements, the AI companies are going to use their ample resources to lobby behind the scenes and throw their power around to help make their case.

Again, the generative AI industry isn’t making much money yet — last year was essentially one massive product demo to hype up the technology. And it worked: The investment dollars did pour in. But that doesn’t mean the AI companies have figured out ways to build a sustainable business model. They’re already operating under the assumption that they will not pay for things such as training materials, licenses or artists’ labor.

Of course, it is in no way true that the likes of Google, Microsoft, or even OpenAI cannot afford to pay to use copyrighted works — but Silicon Valley is at this point used to cutting labor and the cost of creative works out of the equation, and has little reason to think it would not be able to do so again. From Uber to Spotify, the business models of many of this century’s biggest tech companies have been built on the assumption that labor costs could be cut out or minimized. And when creative industries argued that YouTube allowed pirated and unlicensed materials to proliferate at the workers’ expense, and backed the Stop Online Piracy Act (SOPA) to fight it, Google was instrumental in stopping the bill, organizing rallies and online campaigns, and lobbying lawmakers to jump ship.

William Fitzgerald, a partner at the Worker Agency and former member of the public policy team at Google, tells me he sees a similar pressure campaign taking shape to fight the copyright cases, one modeled on the playbook Google has used successfully in the past: Marshaling third-party groups and organs such as the Chamber of Progress to push the idea that using copyrighted works for generative AI is not just fair use, but something that’s being embraced by artists themselves, not all of whom are so hung up on things like wanting to be paid for their work. He points to a pro-generative AI open letter signed by AI artists, that was, according to one of the artists involved, organized by Derek Slater, a former Google policy director whose firm works with Google — the same person who took credit for organizing the anti-SOPA efforts. Fitzgerald also sees Google’s fingerprints on Creative Commons’ embrace of the argument that AI art is fair use, as Google is a major funder of the organization.

“It’s worrisome to see Google deploy the same lobbying tactics they’ve developed over the years to ensure workers don’t get paid fairly for their labor,” Fitzgerald said. And OpenAI is close behind. It is not only taking a similar approach to heading off copyright complaints as Google, but it’s also hiring the same people: It hired Fred Von Lohmann, Google’s former director of copyright policy, as its top copyright lawyer.

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“It appears OpenAI is replicating Google’s lobbying playbook,” he says. “They’ve hired former Google advocates to affect the same playbook that’s been so successful for Google for decades now.”

Things are different this time, however. There was real grassroots animosity against SOPA, which was seen at the time as engineered by Hollywood and the music industry; Silicon Valley was still widely beloved as a benevolent inventor of the future, and many didn’t see how having an artist’s work uploaded to a video platform owned by the good guys on the internet might be detrimental to their economic interests. (Though many did!)

Now, however, workers in the digital world are better prepared. Everyone from Hollywood screenwriters to freelance illustrators to part-time copywriters to full-time coders can recognize the potential material effect of a generative AI system that can ingest their work, replicate it, and offer it to users for a monthly fee — paid to a Silicon Valley corporation, not them.

“It’s asking for an enormous giveaway,” Marcus says. “It’s the equivalent of a major land grab.”

Now, there are many in Silicon Valley who are of course genuinely excited about the potential of AI, and many others who are genuinely oblivious to matters of political economy; who want to see the gains made as quickly as possible, and do not realize how these work-automating systems will be used in practice. Others may simply not care. But for those who do, Marcus says there’s a simple way forward.

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“There’s an obvious alternative here — OpenAI’s saying that we need all this or we can’t build AI — but they could pay for it!” We want a world with artists and with writers, after all, he adds, one that rewards artistic work — not one where all the money goes to the top because a handful of tech companies won a digital land grab.

“It’s up to workers everywhere to see this for what it is, get organized, educate lawmakers and fight to get paid fairly for their labor,” Fitzgerald says. “Because if they don’t, Google and OpenAI will continue to profit from other people’s labor and content for a long time to come.”

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Trump orders federal agencies to stop using Anthropic’s AI after clash with Pentagon

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Trump orders federal agencies to stop using Anthropic’s AI after clash with Pentagon

President Trump on Friday directed federal agencies to stop using technology from San Francisco artificial intelligence company Anthropic, escalating a high-profile clash between the AI startup and the Pentagon over safety.

In a Friday post on the social media site Truth Social, Trump described the company as “radical left” and “woke.”

“We don’t need it, we don’t want it, and will not do business with them again!” Trump said.

The president’s harsh words mark a major escalation in the ongoing battle between some in the Trump administration and several technology companies over the use of artificial intelligence in defense tech.

Anthropic has been sparring with the Pentagon, which had threatened to end its $200-million contract with the company on Friday if it didn’t loosen restrictions on its AI model so it could be used for more military purposes. Anthropic had been asking for more guarantees that its tech wouldn’t be used for surveillance of Americans or autonomous weapons.

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The tussle could hobble Anthropic’s business with the government. The Trump administration said the company was added to a sweeping national security blacklist, ordering federal agencies to immediately discontinue use of its products and barring any government contractors from maintaining ties with it.

Defense Secretary Pete Hegseth, who met with Anthropic’s Chief Executive Dario Amodei this week, criticized the tech company after Trump’s Truth Social post.

“Anthropic delivered a master class in arrogance and betrayal as well as a textbook case of how not to do business with the United States Government or the Pentagon,” he wrote Friday on social media site X.

Anthropic didn’t immediately respond to a request for comment.

Anthropic announced a two-year agreement with the Department of Defense in July to “prototype frontier AI capabilities that advance U.S. national security.”

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The company has an AI chatbot called Claude, but it also built a custom AI system for U.S. national security customers.

On Thursday, Amodei signaled the company wouldn’t cave to the Department of Defense’s demands to loosen safety restrictions on its AI models.

The government has emphasized in negotiations that it wants to use Anthropic’s technology only for legal purposes, and the safeguards Anthropic wants are already covered by the law.

Still, Amodei was worried about Washington’s commitment.

“We have never raised objections to particular military operations nor attempted to limit use of our technology in an ad hoc manner,” he said in a blog post. “However, in a narrow set of cases, we believe AI can undermine, rather than defend, democratic values.”

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Tech workers have backed Anthropic’s stance.

Unions and worker groups representing 700,000 employees at Amazon, Google and Microsoft said this week in a joint statement that they’re urging their employers to reject these demands as well if they have additional contracts with the Pentagon.

“Our employers are already complicit in providing their technologies to power mass atrocities and war crimes; capitulating to the Pentagon’s intimidation will only further implicate our labor in violence and repression,” the statement said.

Anthropic’s standoff with the U.S. government could benefit its competitors, such as Elon Musk’s xAI or OpenAI.

Sam Altman, chief executive of OpenAI, the company behind ChatGPT and one of Anthropic’s biggest competitors, told CNBC in an interview that he trusts Anthropic.

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“I think they really do care about safety, and I’ve been happy that they’ve been supporting our war fighters,” he said. “I’m not sure where this is going to go.”

Anthropic has distinguished itself from its rivals by touting its concern about AI safety.

The company, valued at roughly $380 billion, is legally required to balance making money with advancing the company’s public benefit of “responsible development and maintenance of advanced AI for the long-term benefit of humanity.”

Developers, businesses, government agencies and other organizations use Anthropic’s tools. Its chatbot can generate code, write text and perform other tasks. Anthropic also offers an AI assistant for consumers and makes money from paid subscriptions as well as contracts. Unlike OpenAI, which is testing ads in ChatGPT, Anthropic has pledged not to show ads in its chatbot Claude.

The company has roughly 2,000 employees and has revenue equivalent to about $14 billion a year.

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Video: The Web of Companies Owned by Elon Musk

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Video: The Web of Companies Owned by Elon Musk

new video loaded: The Web of Companies Owned by Elon Musk

In mapping out Elon Musk’s wealth, our investigation found that Mr. Musk is behind more than 90 companies in Texas. Kirsten Grind, a New York Times Investigations reporter, explains what her team found.

By Kirsten Grind, Melanie Bencosme, James Surdam and Sean Havey

February 27, 2026

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Commentary: How Trump helped foreign markets outperform U.S. stocks during his first year in office

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Commentary: How Trump helped foreign markets outperform U.S. stocks during his first year in office

Trump has crowed about the gains in the U.S. stock market during his term, but in 2025 investors saw more opportunity in the rest of the world.

If you’re a stock market investor you might be feeling pretty good about how your portfolio of U.S. equities fared in the first year of President Trump’s term.

All the major market indices seemed to be firing on all cylinders, with the Standard & Poor’s 500 index gaining 17.9% through the full year.

But if you’re the type of investor who looks for things to regret, pay no attention to the rest of the world’s stock markets. That’s because overseas markets did better than the U.S. market in 2025 — a lot better. The MSCI World ex-USA index — that is, all the stock markets except the U.S. — gained more than 32% last year, nearly double the percentage gains of U.S. markets.

That’s a major departure from recent trends. Since 2013, the MSCI US index had bested the non-U.S. index every year except 2017 and 2022, sometimes by a wide margin — in 2024, for instance, the U.S. index gained 24.6%, while non-U.S. markets gained only 4.7%.

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The Trump trade is dead. Long live the anti-Trump trade.

— Katie Martin, Financial Times

Broken down into individual country markets (also by MSCI indices), in 2025 the U.S. ranked 21st out of 23 developed markets, with only New Zealand and Denmark doing worse. Leading the pack were Austria and Spain, with 86% gains, but superior records were turned in by Finland, Ireland and Hong Kong, with gains of 50% or more; and the Netherlands, Norway, Britain and Japan, with gains of 40% or more.

Investment analysts cite several factors to explain this trend. Judging by traditional metrics such as price/earnings multiples, the U.S. markets have been much more expensive than those in the rest of the world. Indeed, they’re historically expensive. The Standard & Poor’s 500 index traded in 2025 at about 23 times expected corporate earnings; the historical average is 18 times earnings.

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Investment managers also have become nervous about the concentration of market gains within the U.S. technology sector, especially in companies associated with artificial intelligence R&D. Fears that AI is an investment bubble that could take down the S&P’s highest fliers have investors looking elsewhere for returns.

But one factor recurs in almost all the market analyses tracking relative performance by U.S. and non-U.S. markets: Donald Trump.

Investors started 2025 with optimism about Trump’s influence on trading opportunities, given his apparent commitment to deregulation and his braggadocio about America’s dominant position in the world and his determination to preserve, even increase it.

That hasn’t been the case for months.

”The Trump trade is dead. Long live the anti-Trump trade,” Katie Martin of the Financial Times wrote this week. “Wherever you look in financial markets, you see signs that global investors are going out of their way to avoid Donald Trump’s America.”

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Two Trump policy initiatives are commonly cited by wary investment experts. One, of course, is Trump’s on-and-off tariffs, which have left investors with little ability to assess international trade flows. The Supreme Court’s invalidation of most Trump tariffs and the bellicosity of his response, which included the immediate imposition of new 10% tariffs across the board and the threat to increase them to 15%, have done nothing to settle investors’ nerves.

Then there’s Trump’s driving down the value of the dollar through his agitation for lower interest rates, among other policies. For overseas investors, a weaker dollar makes U.S. assets more expensive relative to the outside world.

It would be one thing if trade flows and the dollar’s value reflected economic conditions that investors could themselves parse in creating a picture of investment opportunities. That’s not the case just now. “The current uncertainty is entirely man-made (largely by one orange-hued man in particular) but could well continue at least until the US mid-term elections in November,” Sam Burns of Mill Street Research wrote on Dec. 29.

Trump hasn’t been shy about trumpeting U.S. stock market gains as emblems of his policy wisdom. “The stock market has set 53 all-time record highs since the election,” he said in his State of the Union address Tuesday. “Think of that, one year, boosting pensions, 401(k)s and retirement accounts for the millions and the millions of Americans.”

Trump asserted: “Since I took office, the typical 401(k) balance is up by at least $30,000. That’s a lot of money. … Because the stock market has done so well, setting all those records, your 401(k)s are way up.”

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Trump’s figure doesn’t conform to findings by retirement professionals such as the 401(k) overseers at Bank of America. They reported that the average account balance grew by only about $13,000 in 2025. I asked the White House for the source of Trump’s claim, but haven’t heard back.

Interpreting stock market returns as snapshots of the economy is a mug’s game. Despite that, at her recent appearance before a House committee, Atty. Gen. Pam Bondi tried to deflect questions about her handling of the Jeffrey Epstein records by crowing about it.

“The Dow is over 50,000 right now, she declared. “Americans’ 401(k)s and retirement savings are booming. That’s what we should be talking about.”

I predicted that the administration would use the Dow industrial average’s break above 50,000 to assert that “the overall economy is firing on all cylinders, thanks to his policies.” The Dow reached that mark on Feb. 6. But Feb. 11, the day of Bondi’s testimony, was the last day the index closed above 50,000. On Thursday, it closed at 49,499.50, or about 1.4% below its Feb. 10 peak close of 50,188.14.

To use a metric suggested by economist Justin Wolfers of the University of Michigan, if you invested $48,488 in the Dow on the day Trump took office last year, when the Dow closed at 48,448 points, you would have had $50,000 on Feb. 6. That’s a gain of about 3.2%. But if you had invested the same amount in the global stock market not including the U.S. (based on the MSCI World ex-USA index), on that same day you would have had nearly $60,000. That’s a gain of nearly 24%.

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Broader market indices tell essentially the same story. From Jan. 17, 2025, the last day before Trump’s inauguration, through Thursday’s close, the MSCI US stock index gained a cumulative 16.3%. But the world index minus the U.S. gained nearly 42%.

The gulf between U.S. and non-U.S. performance has continued into the current year. The S&P 500 has gained about 0.74% this year through Wednesday, while the MSCI World ex-USA index has gained about 8.9%. That’s “the best start for a calendar year for global stocks relative to the S&P 500 going back to at least 1996,” Morningstar reports.

It wouldn’t be unusual for the discrepancy between the U.S. and global markets to shrink or even reverse itself over the course of this year.

That’s what happened in 2017, when overseas markets as tracked by MSCI beat the U.S. by more than three percentage points, and 2022, when global markets lost money but U.S. markets underperformed the rest of the world by more than five percentage points.

Economic conditions change, and often the stock markets march to their own drummers. The one thing less likely to change is that Trump is set to remain president until Jan. 20, 2029. Make your investment bets accordingly.

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