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Cake day: April 17th, 2026

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  • My article was about how copyright law actually supports projects like PhotoCraft and ArtCraft (the software that reverse engineered Photoshop and other adobe products) and REA because, under current law (which is a long case review), clean rooming is okay. It goes back to the Compaq case and a few others. It relies on the idea that copyright protects expression, not function, and if you put a team of lawyers in a room with software and they purely describe the function of the software, and they hand that document to a team of engineers, that is fine under copyright law because it breaks the chain of expression. There’s much more detail, but my argument is that AI clean rooming projects are good for consumers in this regard, but that software patents for would be used more expansively in the coming years to counter those products. And so on and so forth. There are like eight more steps and guesses after that, but that was the gist.

    As a personal thing, I agree with your conclusions for the most part. I just think there’s a lot more to consider in getting there. The road is much more complex than most people give it credit for.







  • It is a bit more complicated than that, and the legal motivation from the Copyright Office is different than what you describe.

    One of the most informative cases, in my opinion, is the Copyright Office’s back and forth on Zarya of the Dawn. In their view, even thousands of refining prompts cannot be sufficient to convey copyright protection on an AI generated image since it lacks the necessary control and connection to the person. Suryast is another helpful case. I think they’re still very incomplete when you start to consider works like those from Jackson Pollock or, my personal favorite hypo, an artist with a prosthetic that uses statistical machine learning to control the end effector and thus the paintbrush. But those are just hypotheticals for now.

    I help chair a conference of IP attorneys and others who specialize in software licensing and AI so we’ve been talking about this for a while now. We actually just had the conference this week so I can probably share some resources or presentations if people really want to get nerdy about it.