Intro

This Week in Startups is brought to you by…

MEV. Tired of the dev shop rollercoaster? Mev is your reliable technical partner, offering a well-established software development process designed to consistently deliver unparalleled value to their clients. Get $30,000 off your first three months at http://www.mev.com/twist

Northwest Registered Agent. When starting your business, it's important to use a service that will actually help you. Northwest Registered Agent is that service. They'll form your company fast, give you the documents you need to open a business bank account, and even provide you with mail scanning and a business address to keep your personal privacy intact. Visit http://www.northwestregisteredagent.com/twist to get a 60% discount on your next LLC.

The Paintbrush Loan is the earliest startup financing on the internet. No pitch deck, no business plan, no minimum time in business, and no warm intros. Plus, you get to keep your equity. Visit http://www.getpaintbrush.com to see if you qualify for a $50K startup loan in less than 2 minutes.

*

Today’s show:

Cecilia joins Jason for an in-depth discussion about the New York Times versus OpenAI case, delving into the intricacies of fair use and analyzing the Fair Use Test (6:07), examining the legal complexities surrounding data scraping for Large Language Models (28:21), exploring possible ramifications of this legal confrontation between these titans (40:06), and more!

*

Timestamps:

(0:00) Cecilia Joins Jason

(2:44) Cecilia’s Background in Law

(3:44) Jumping into the case of NY Times vs OpenAI.

(6:07) Exploring Fair Use legal tests

(11:57) MEV - Get $30,000 off your first three months at http://www.mev.com/twist

(13:50) The case of Roy Orbison vs Two Live Crew and the music industry’s rules on fair use.

(19:04) Picking apart the defense of attribution.

(22:22) Northwest Registered Agent - Get a 60% discount on your next LLC at http://www.northwestregisteredagent.com/twist

(24:43) Fair Use Test: Factors two and three

(28:21) Legal challenges in data scraping for LLMs

(32:40) Paintbrush - Visit http://www.getpaintbrush.com to see if you qualify for a $50K startup loan in less than 2 minutes

(34:19) The fourth and final factor in the Fair Use Test.

(40:06) Potential outcomes of NY Times vs OpenAI case

(47:04) Google vs Java and legal discussions on digital platforms

(51:49) Jason shares a possible solution to this case and how the subscription wall could change things.

(57:54) Cecilia’s Grinch images on X

(1:02:22) Legal viewpoint regarding commercial vs non-commercial use.

(1:04:14) Summarizing where all this is going with the NY Times and OpenAI trial.

(1:12:18) Reviewing the market-based solution to this case.

* Check out GC AI: https://getgc.ai

Website: ceciliaziniti.com

Check out Ziniti Law: ⁠https://www.zinitilaw.com/

Check out Cecilia’s Maven Course here: https://maven.com/ceciliaz

*

Thanks to our partners:

(11:57) MEV - Get $30,000 off your first three months at http://www.mev.com/twist

(22:22) Northwest Registered Agent - Get a 60% discount on your next LLC athttp://www.northwestregisteredagent.com/twist

(32:40) Paintbrush - Visit http://www.getpaintbrush.com to see if you qualify for a $50K startup loan in less than 2 minutes

*

Follow Cecilia

X: https://twitter.com/CeciliaZin

LinkedIn: https://www.linkedin.com/in/ceciliaziniti/ *

Follow Jason:

X: https://twitter.com/jason

Instagram: https://www.instagram.com/jason

LinkedIn: https://www.linkedin.com/in/jasoncalacanis

*

Great 2023 interviews: Steve Huffman, Brian Chesky, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

*

Check out Jason’s suite of newsletters: https://substack.com/@calacanis

*

Follow TWiST:

Substack: https://twistartups.substack.com

Twitter: https://twitter.com/TWiStartups

YouTube: https://www.youtube.com/thisweekin

*

Subscribe to the Founder University Podcast: https://www.founder.university/podcast