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senaevren

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About senaevren

legallayer.substack.com — Talking about legal but in devs' language

Recent public activity

  1. story
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    Comment #48733626

    [flagged]

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    Comment #48540648

    Whether a trained model is itself personal data is a very interesting topic, and is it really possible to keep training and still be able to delete it? That is another viable quest…

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    Comment #48020564

    vibe researching at its best.. using AI to change which friction you're in is another level

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    Comment #47941084

    You are definitely right to flag it, apologize for that. I used an AI assistant for the replies, and I will make sure not to use one going forward.

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    Comment #47940123

    The tension you are describing is real and the piece does not capture it well enough. PE acquirers pushing portfolio companies toward Claude Code while their lawyers are adding AI …

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    Comment #47939609

    Fair point and worth being precise about. Cert denial is not meaningless: it leaves the lower court ruling intact, it signals the Court did not find the issue urgent enough to reso…

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    Comment #47939589

    You are right that no court has yet ruled that a specific set of human contributions to AI-assisted work was sufficient to establish authorship. What exists is the inverse: the Cop…

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    Comment #47939150

    That is exactly the gap the piece is aimed at. The M&A conversation is where this becomes concrete very fast, and most founders shipping AI-assisted code have not had it yet.

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    Comment #47939117

    Fair and correct. Cert denial means the Court declined to hear the case, not that it endorsed the lower court's reasoning or settled the question nationally. The DC Circuit ruling …

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    Comment #47938943

    thanks for this; it's definitely a fair point. I updated the piece to reflect this

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    Comment #47938317

    The original bargain you describe, limited term in exchange for public disclosure, is exactly what makes the current situation strange. If AI-generated output falls into the public…

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    Comment #47938312

    The San Francisco Canyon case is a good example of exactly the right distinction. Work-for-hire determines who owns the output, but if the process of creating that output involved …

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    Comment #47938302

    The chardet dispute is the closest thing to an active test case on this specific question, and you are right that it has not resolved into settled law. "Emerging legal consensus" w…

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    Comment #47938293

    fair correction, updated the piece to reflect this. Bad faith under DMCA requires knowing the claim is false, not merely being wrong. A good faith belief in copyright ownership, ev…

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    Comment #47934106

    The model ownership question and the output ownership question run on separate legal tracks and the piece focuses on the second deliberately. On the first: the model weights are ow…

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    Comment #47934089

    The sound recording analogy breaks down at the point where the recorder makes no creative decisions. Pressing record captures what is already there. Prompting Claude generates some…

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    Comment #47934064

    The meaningful human authorship question is the elephant, agreed, and the regulators have deliberately refused to quantify it for exactly the reason you describe any bright line nu…