[op00to]

It is “established” law because the Copyright Act itself and a string of unanimous or near-unanimous appellate decisions (google ReDigi on digital transfers and Sony and the first-sale for personal use and physical lending) uniformly apply the same principles, leaving no circuit split and no conflicting precedent for the Supreme Court to resolve. In the U.S. system statutory text interpreted consistently by the Courts of Appeals becomes binding law nationwide unless and until the Supreme Court or Congress says otherwise.

[AnthonyMouse]

Sony v. Universal is a Supreme Court case, but that's the one where they say that sort of thing is fair use rather than that it isn't. ReDigi isn't a Supreme Court case, and it seems rather inconsistent with the Sony case which is. To claim uniformity you'd then need all the other circuit courts coming to the same conclusion rather than just not having had any relevant cases there yet, but is that the case?

[freejazz]

Do you think that Anthropic did not have the option of getting legal advice before they decided to pirate libraries of books for their own commercial purposes?

I understand that some of these things might be confusing to you, but Anthropic is absolutely within the position of being able to afford attorneys and get good advice as to what they could legally. I hope you also understand that good legal advice isn't being told what you want so you can do the thing you want to do without any regard for what are likely outcomes.

With that in mind, what do you think the inconsistency is between ReDigi and Sony?