YouTuber. Filmmaker. VFX artist. Nerd. Threat to democracy.
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Joined July 2009
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And that claim is VERY easily demolished! papers.ssrn.com/sol3/papers.…
"As the article explains, there is no historical, legal, or logical reason that these or any other supposed measures of bad faith should play a role in the fair use analysis. The bad faith inquiry does not serve the central goal of copyright — to increase public access to new works — and in fact does much to impede this goal. It also needlessly confuses fair use with other areas of law, makes copyright litigation more costly and less predictable, and undermines copyright’s built-in First Amendment protections. Yet bad faith has persisted as an element of fair use for the past several decades, largely because of a failure to appreciate either the lack of historical or legal basis for this doctrinal mistake or its consequences. In an effort to correct this misunderstanding, the article offers the first in-depth exploration of both the historical origins of the bad faith inquiry and the many reasons courts should drop all considerations of bad faith from fair use." papers.ssrn.com/sol3/papers.…
What? Is he saying the ONLY purpose for Anthropic making Claude was for it to produce song lyrics???
Yeah, the "effect of the outputs." Like "a depiction of Prince," which Goldsmith DID NOT OWN. This is the problem with Warhol: the mere fact that it ended up competing with Goldsmith's photo, even with all of the expressive elements altered or removed, still wasn't fair use!
I think this is an important thing for people to understand about #Malfoid. It's not that Rowling wrote a bad book series. If she had, the whole thing would have been forgotten.
Indeed, she wrote a spectacular series that succeeded beyond anyone's wildest dreams! And as they say, it's hard to argue with success.
It's a testament to how good a job she did that the Malfoid improvements don't need anything except the gender change, and everything slides in organically.
Rowling wasn't focused on the romantic elements. That's fine. Malfoid is tapping in to what people feel is missing, and very much yearn for. That's also fine.
But here's something to keep in mind: It's been 19 years since the release of Deathly Hallows. As clear as it seems in hindsight, it took almost two decades for the fans to come up with this! So I think we can forgive Rowling for not thinking of this at the time.
But this is also why mythmaking is so important. Shakespeare's Hamlet was written only eleven years after Ur-Hamlet, the play upon which it's based.
It was mythmaking that allowed Shakespeare to make Hamlet, Romeo and Juliet, and so many other plays that magnificently derived the source material into something new.
It's how Cinderella, Little Red Riding Hood, and so many other folk tales developed—just faster, now that we have the Internet.
Without the creativity-sucking insanity that is modern copyright laws, people would be able to take the beloved stories of their childhood and transform them into something new, just as we have throughout the history of mankind.
Malfoid fans talk about the yearning: how we all yearn for love, devotion, commitment, family, and a happy ending. The same yearning that's pushed the development of classic stories for thousands of years.
But there's a different kind of yearning we're seeing now as well: a yearning for the power of myth, the kind that can only come when a derivation of a classic story takes hold in our hearts.
What could the fans have done with Harry Potter, Lord of the Rings, Star Wars, and so many others if we'd truly been able to make them our own? Instead of waiting decades for Hollywood to condescend to resurrect our favorite stories, only to turn them into absolute garbage for the sake of a cash grab.
We shouldn't have to wait until 70 years after Rowling dies to do this. It's amazing to watch this happen now, in real time, and so magnificently.
And that just makes it harder to watch as so many people derisively condemn it as "mere fanfiction."
Maybe the term "fanfiction" should disappear from the vocabulary. Maybe we should make the point by calling it what it truly is: mythmaking.
And it's every bit our right as humans to do.
I actually re-read the books every year. So I know the story very well.
It's how I know that Malfoid works simply works better. There wasn't that much wrong in the original story, but Malfoid is in hindsight such a missed opportunity.
As for the movies. I remember them vividly as well which is how I know that compared to the books, I think they're not all that great. I still like them, to a certain extent. But the books are very different. And the movies just ruin a lot of the characters. I'll only mention one example, this post is already getting to long as it is.
I think one of the main reasons people love Snape is because of Alan Rickman's legendary performance. (I think Paul Darrow could have played an excellent Snape as well though.)
And maybe this is an opinion that differs from a lot of people, but I did not like the ending of Chamber of Secrets (the movie). As a kid I didn't notice, but now...
It is so cringe inducing. It is the literal definition of a redditor's 'and then everybody clapped'. I can't watch the ending anymore. Rest of the movie is perfectly fine though. Just that ending though...
In the waiting room at the doctors office, on my phone.
What everyone thinks I'm doing: I dunno, whatever they're doing, I guess.
What I'm actually doing: Scrolling and bookmarking all the #Malfoid videos to watch when I'm home!
Kevin Kelly, NYT best-selling author and founding executive editor of Wired, just filed an amicus brief in In Re: OpenAI arguing that training AI models on copyrighted works is fair use.
As in, NOT theft!
A song this good needs a good scene to go along with it! Harry and Malfoid are at their lowest here; she became a Death Eater and betrayed him, now he's lashed out with a horrible cutting curse.
The best romances have a gulf between them that seems uncrossable, making it all the more meaningful when they finally do. This sets up that gulf.
I'd LOVE to see some AI genius bring this scene to life!
....and we have NO self-awareness here whatsoever? Or do we just have long-term memory problems?
You can disagree with Rep. Ilhan Omar on every vote she's ever cast and still see that something is very wrong here.
Federal agents raided a sitting member of Congress's home and are now working to strip her citizenship, just two weeks before Americans head to the polls.
The timing speaks for itself.
When an administration turns law enforcement against political opponents in the middle of an election, every citizen should be worried, regardless of party.
We need a strong, secure immigration system that enforces the law fairly and keeps politics far away from it.
wsj.com/politics/policy/ilha…
An aspect of the #Malfoid phenomenon that deserves more attention: it flipped a bunch of TikTok people from "AI is slop" to "put a data center in my backyard"! Thanks to @enggirlfriend for pointing that out.
"I've seen enough, build more data centers." "Put a data center in my backyard." "Maybe AI isn't bad."
AI isn't writing these stories by itself. People have a specific dream they're bringing to life with the tool. That distinction matters, and it's exactly why this is working, where pure "type stuff get video" prompts don't.
That's the difference between slop and a social phenomenon.
Longer term, this is the same pattern we've always seen with derivative works and mythmaking—something the big content cartels have fought for decades. If a girl-Draco fanfic can move the needle on AI acceptance, that's worth it to me! xitter.cf/enggirlfriend/status/2…
there’s a ridiculous trend going viral on tiktok right now called “malfoid” a harry potter fanfic story where draco malfoy is a girl and in an enemies-to-lovers story line with harry
the AI videos are so good and it’s actively shifting AI sentiment on tiktok to positive (was historically super negative)
My previous coverage of #Malfoid and how it's traditional mythmaking at its best:
Shane Killian retweeted
50 years ago today, the Copyright Act of 1976 was signed, officially writing #FairUse into statutory law! 🎂⚖️
While signed into law for half a century, fair use has long been the engine behind remix culture, documentary filmmaking, search engines, and the digital economy. Let’s celebrate 50 years of balanced copyright that protects both creators and innovators!
I'm generally not one to write fanfiction, but I thought I'd dip my toe in the #Malfoid pool. As a father who's raised teenage girls, I think there would have to be a scene like this before the final battle, where she finally breaks with her father to join Harry at his side. Anyone wants to run with this, feel free!
I use @ViduAI_official for my videos, (full disclosure: I am a creative partner with them) and they just featured my Malfoid Reference, you can use it to make your own videos with her.
They just released Q4 Preview and this invite gets you some free credits.
vidu.com/login?invite_code=S…
Here is the link to my Malfoid reference that I've been using for my videos, I'll work on getting the anime version submitted I know some of you prefer that one:
vidu.com/home/reference?para…
#malfoid #AIイラスト #viducpp #Vidu #ViduQ4Preview #ViduDC