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H.R. 6028 would fundamentally change the U.S. Copyright Office

eff.org

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Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#111
The question of why US copyright law is administered and, to some extent regulated within the Legislative rather than Executive branch has been raised in a dead thread. The cogent point is made that under the US Constitution, the phrase "checks and balances" generally applies to both the division of powers amongst the three branches (Judiciary in addition to the two previously mentioned), and the principle of review and oversight amongst those branches (e.g., legislation is passed by Congress, approved or vetoed and administered by the President / Executive branch, and subject to interpretation or invalidation by the Judiciary; executive appointments are subject to Congressional approval; and members of both the Executive and Judiciary may be impeached and removed by Congress).

That said ...

... there are other instances in which separation of powers is not strictly followed. Examples which come to mind are:

- Administrative law judges (ALJs), notably in matters concerning Social Security and Immigration law, being a judiciary function under the executive.

- The Sergeants at Arms of the US Senate and US House, both legislative bodies, but performing executive functions. Recent history suggests that the Executive cannot be entirely relied upon to provide this function.

- Judicial Review is probably the biggest appropriation of powers, in which the US Supreme Court arrogated the right to rule on, interpret, and invalidate legislation. This is a power arguably derived absent any constitutional, legislative, or executive foundation.

And of course the present Administration has increasingly expressed a philosophy not only of Unitary Executive, but increasingly of Unitary Government, enacting law by decree, executing citizens without due process, and openly flouting courts. H.R. 6028 could be seen as part of this expansion of the Executive.

Which still leaves us with the question of how Congress ended up administering copyright.

I don't have a full history, and have only been exploring the question for the past hour or so.

The US Copyright Office itself has a history page noting that:

On July 8, 1870, Congress centralized the administration of copyright law in the Library of Congress at the encouragement of Librarian of Congress Ainsworth Rand Spofford.

https://www.copyright.gov/history/copyright-exhibit/history-...>

Which remedied the previous arrangement in which Copyright was administered by ... the Judiciary.

Why Congress ended up regulating copyright is probably largely a set of historical accidents and conveniences. The Library of Congress does in fact serve Congress (and IIUC the Judiciary, to which it is also proximate) as a legislative research tool. I've read enough of the annual reports in the latter half of the 19th century to know that the Library was growing rapidly at this time, and was constantly pressed (literally) for space, culminating in the commissioning, construction, and opening of the separate Library of Congress Jefferson Building, in which the main collection is now housed. (As I'd recently commented, there were concerns at the time of how merely moving to an adjacent building might affect retrieval time for materials.)

Arguably, the US Library of Congress had, and still has, more expertise in the management of large corpora of physical publications than virtually any other institution on Earth. Copyright registration itself served the interests of Congress by growing the collection. And as of the late 19th century, the overall size of the US government, though growing, was still comparatively small. The Executive would possibly have had neither the interest nor capacity to administer the Library, or even the Copyright office sufficiently, nor the convergence of goals in growing the Library's collection noted here. Given numerous issues with other areas of intellectual property which are administered under the executive (patents and trademark, though my criticisms are largely of the former), its also possible Things Could Have Gone Badly Wrong, though arguably as the EFF piece notes they have already. Though the House legislation seems likely to worsen that.

The present situation though is that the Library of Congress and Copyright Office do strongly blur the separation of powers principle, affording a complex set of legislative, executive, and even judiciary roles, all under the Legislative branch.

That just my own nonexpert nutshell summary. If anyone has further information on the history of the US Copyright Office, legislation, and judicial rulings, please pitch in.

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#112
post #99
post #77

Earlier quoted context omitted.

Is it actually possible to determine how much the weights were influenced by each work? I might recall reading some interpretability paper years ago that trained a special model that could attribute each answer to a part of the corpus (like Wikipedia, ArXiV, or "Blogs") but it had a non-zero effect on performance and wasn't nearly as straightforward as weights go in, attribution comes out.

>Is it actually possible to determine how much the weights were influenced by each work? It will be very possible once they become the owners of the intellectual property being infringed. Think about how it was "impossible" to implement DRM on music and movies in the early days of youtube. Now, Google owns the content and platform, and suddenly their "rolling cypher" which involves no encryption at all is supposedly…

I do not defend the current state of things where a select few companies get to shamelessly violate the law with the entire legal framework bending around the weight of the money trapped in this speculative bubble.

I believe LLMs are at the very least an under-researched technology or less charitably, an ongoing effort to strip intellectual workers of their rights and privileges.

What I am saying is the reasonable demand for attribution runs counter to the nature of these systems as we know them. There is no magical "release the attribution" button Anthropic could press if they wanted to. Unlike per-state taxes, are actual PhDs working on, at universities and private labs, because transparency has been the public number one demand since day one, and yet all that exists after 4 years of funding are only the first incomplete steps.

The most likely outcome of imposing this obligation is commercial LLM providers quickly folding, finding a loophole/displaying false attribution, or settling for notably worse performance. That is of course not counting how these companies will be on the hook for a civilizational amount of licensing fees.

(Per the DRM point, I believe we can agree the goal of simultaneously displaying a piece of media in the physical world and somehow protecting the viewer from storing it is effectively impossible, without hiring a trusted guard to hold the viewer at gunpoint if they dare touch the trusted viewing apparatus or pull out their phone, at least in its strict form)

I am personally okay with shutting down an industry that cannot legally exist in its current form, especially one so openly hostile to every field of human endeavor. But no matter your position on that, we must keep in mind no "ethical" or "legal" AI industry can exist without making either adjective meaningless.

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#113

Odd that the article doesn't mention parties at all, although perhaps this was in an attempt to avoid accusations of partisanship that might ensue from stating facts. Anyway, a quick look at https://www.congress.gov/bill/119th-congress/house-bill/6028... indicates that all 4 sponsors of the bill are Republicans. The Actions tab seems to indicated that the bill got only 12 minutes of debate before being passed,; I hop…

The article doesn't mention parties because it's irrelevant. A bad bill is bad on its merits, not because of who has brought it about.

In 2026, a discussion of a bill proposing to make an existing position into a presidential appointee is very different if that bill was proposed by Democrats or Republicans. To pretend otherwise is to ignore virtually all of the current administrations actions.

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#114
post #81

Anything that destroys copyright is a good thing. It is a societal evil.

Last time someone uttered something similar, I didn't get an answer, so I'll ask it to you: what entitles you to free access to any song, movie or book?

Provided a friend of mine agrees to let me borrow (and copy) their media containing music / movie / book / whatever, what entitles you to interfere with such agreement?

Especially since that agreement didn't involve you.

There's no $deity-given right to control what happens to stuff you wrote / designed etc, once it's been published. Copyright is, sorry was, a legal construct meant to promote people creating artwork.

Once it overshot that intent bigtime, there's no justification for keeping it around. At least not in its current form.

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#115

The question of why US copyright law is administered and, to some extent regulated within the Legislative rather than Executive branch has been raised in a dead thread. The cogent point is made that under the US Constitution, the phrase "checks and balances" generally applies to both the division of powers amongst the three branches (Judiciary in addition to the two previously mentioned), and the principle of review…

It's in the constitution. Article I, Section 8, clause 8:

> The Congress shall have Power [...] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

https://www.archives.gov/founding-docs/constitution-transcri...

Unless your question was more, "why was that written into the constitution". In which case the answer basically boils down to the fact that the framers intended for Congress to be the most powerful branch. The modern de facto running of the country places far more power under the executive than the framers intended.

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#116

Earlier quoted context omitted.

> without copyright the GPL is nothing That’s ok, GPL’s entire purpose and only restriction is to prevent other copyrights. > without copyright, all of the profit made on creative works (of a perhaps smaller pie) would get be kept by distributors like Amazon or Netflix This is already true in most cases: companies own everything their employees create for them. And without copyright, studios would still pay artists,…

> That’s ok, GPL’s entire purpose and only restriction is to prevent other copyrights. You sure about that? Because I'm pretty sure it's "entire purpose" is to keep open source code open. > And without copyright, studios would still pay artists, because that’s the only way art is created Hate to break it to you, but that's just not true. But you know what would make that true? Abolishing copyright.

"Prevent other copyrights" = "keep open source open"

Your second point seems to agree: if copyright was abolished, people (even rich) still want art, so studios would still end up paying artists, from patronage or some other system.

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#117

Earlier quoted context omitted.

The article doesn't mention parties because it's irrelevant. A bad bill is bad on its merits, not because of who has brought it about.

The identity of the people who crafted the bill is the second most relevant thing besides the bill itself.

Agreed, it's a signal of intention based on past behaviors of the "authors" (quoted because it's often lobbyists who write the bill).

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#118
post #47

I usually agree with the EFF on things, but after reading their linked https://www.eff.org/deeplinks/2025/05/us-copyright-offices-d... I couldn't disagree more. An LLM is a predict the next word algorithm. If the model is overfitting, it's basically copy paste. There have been several documented instances where that happened and full GPL code, including headers and attribution were copy/pasted by the "AI." AI is esse…

I could not agree more with EFF.

There’s a difference between training a model and using a model. Training involves copyrighted works but fair use is not just about use of copyrighted works, it’s about whether the use is transformative and substitutes the original market. I struggle to see how is not transformative under these criteria.

The use of the model (being able to output copies of GPL software) is a different question. This depends on the circumstances: if GPL code is exactly reproduced then it very well could be subject to the license of the original work.

I don’t understand the legal objections to the fair use of protected IP. Licenses are legal documents, not moral imperatives. GPL only exists because of copyright law, and you can’t write a license that supercedes copyright law if you don’t like the law.

The Claude Code example is completely different, hosting a repo with the leaked code is clearly not fair use.

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#119

Earlier quoted context omitted.

The article doesn't mention parties because it's irrelevant. A bad bill is bad on its merits, not because of who has brought it about.

It’s relevant, because you shouldn’t vote for politicians who make bad policies, and most party members tend to vote with their party. Unfortunately, the Democrats haven’t demonstrated themselves to be much better (at least, I’m not aware of them opposing copyright).

> the Democrats haven’t demonstrated themselves to be much better

Some introduce awful stuff, but the party isn't run like the mafia, so they fail to pass nearly as much. Republicans are handed down orders and they follow. No attempt to represent the people that elected them. Vassals to the end.

Re: H.R. 6028 would fundamentally change the U.S. Copyright Office

#120
post #81

Earlier quoted context omitted.

Last time someone uttered something similar, I didn't get an answer, so I'll ask it to you: what entitles you to free access to any song, movie or book?

>what entitles you to free access to any song, movie or book? Does this sound profound to you? When you see yourself type it out, does it seem like you've really came up with a zinger? What entitles them to come in and police my hard drive platters with "you can't write that sequence of bits to storage, that's our sequence of bits"? It's sort of a weird idea, sounds kind of medieval. Like King Cnut has granted them l…

Ok. So nobody answers the question, but does so in a very passive-aggressive way.
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