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	<title>&#45; CircleID</title>
	<link>https://www.circleid.com/blogs/</link>
	<description>Postings from  on CircleID</description>
	<dc:language>en</dc:language>
	<dc:rights>Copyright 2026, unless where otherwise noted.</dc:rights>
	<dc:date>2026-04-30T19:14:00+00:00</dc:date>

	
	<item>
		<title> Have LLMs Broken Fair Use? (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/postshave-llms-broken-fair-use</guid>
		<link>https://circleid.com/postshave-llms-broken-fair-use</link>
		<description><![CDATA[Two sets of authors sued Anthropic and Meta in San Francisco for copyright infringement, arguing that the companies had pirated their works to train their LLMs. Everyone agreed that a key question was whether fair use allowed it, and in both cases, the courts looked at the fair use issue before dealing with other aspects of the cases. Even though the facts in both cases were very similar, last week, two judges in the same court wrote opinions, coming to very different conclusions. How can that happen? Is fair use broken? <a href="https://circleid.com/postshave-llms-broken-fair-use">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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		<title> Is Verisign a Monopoly? Does It Matter? (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/postsis-verisign-a-monopoly-does-it-matter</guid>
		<link>https://circleid.com/postsis-verisign-a-monopoly-does-it-matter</link>
		<description><![CDATA[Senator Elizabeth Warren and Rep. Jerry Nadler recently wrote a letter complaining that VeriSign overcharges for .com domains due to its market power. They sent it to the Department of Justice and the National Telecommunications and Information Administration (NTIA). While you can make a reasonable case that the claim is true, two more interesting questions are "Why now?" and "Why bother?" <a href="https://circleid.com/postsis-verisign-a-monopoly-does-it-matter">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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		<title> Internet Archive Loses Their CDL Appeal (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20240907-internet-archive-loses-their-cdl-appeal</guid>
		<link>https://circleid.com/posts20240907-internet-archive-loses-their-cdl-appeal</link>
		<description><![CDATA[The Internet Archive's Controlled Digital Lending (CDL) lends out scans of physical books, ensuring that each scan is lent to one person at a time. Publishers sued, and the Archive lost thoroughly in April 2023. The Archive appealed the decision to the Second Circuit court in New York. As I said at the time, the appeal seemed like a long shot since that is the same court that said that Google Books was OK, mostly because it didn't provide full copies of the books. <a href="https://circleid.com/posts20240907-internet-archive-loses-their-cdl-appeal">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> Do You Need a License to Look for Spam? (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20240123-do-you-need-a-license-to-look-for-spam</guid>
		<link>https://circleid.com/posts20240123-do-you-need-a-license-to-look-for-spam</link>
		<description><![CDATA[Jay Fink had an interesting little business. If you lived in California, you could give him access to your email account; he'd look through the spam folder for spam that appeared to violate the state anti-spam law and give you a spreadsheet and a file of PDFs. You could then sue the spammers, and if you won, you'd give Fink part of the money as his fee. <a href="https://circleid.com/posts20240123-do-you-need-a-license-to-look-for-spam">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> The Internet Archive Hops Out of the Copyright Frying Pan Into a New and Different Fire (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20230815-the-internet-archive-hops-out-of-the-copyright-frying-pan-into-a-new-and-different-fire</guid>
		<link>https://circleid.com/posts20230815-the-internet-archive-hops-out-of-the-copyright-frying-pan-into-a-new-and-different-fire</link>
		<description><![CDATA[In 2020 a group of book publishers sued the Internet Archive over their Controlled Digital Lending program, which made PDF scans of books and lent them out from the Archive's website. For books still in copyright, the Archive usually limited the number of copies of a book lent to the number of physical copies of the book they had in storage. Several publishers sued with an argument that can be summarized as "that's not how it works." <a href="https://circleid.com/posts20230815-the-internet-archive-hops-out-of-the-copyright-frying-pan-into-a-new-and-different-fire">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> Can Large Language Models Use the Contents of Your Website? (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20230508-can-large-language-models-use-the-contents-of-your-website</guid>
		<link>https://circleid.com/posts20230508-can-large-language-models-use-the-contents-of-your-website</link>
		<description><![CDATA[Large Language Models (LLM) like GPT -- 4 and its front-end ChatGPT work by ingesting gigantic amounts of text from the Internet to train the model and then responding to prompts with text generated from those models. Depending on who you ask, this is either one step (or maybe no steps) from Artificial General Intelligence, or as Ted Chiang wrote in the New Yorker, ChatGPT Is a Blurry JPEG of the Web. <a href="https://circleid.com/posts20230508-can-large-language-models-use-the-contents-of-your-website">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> Spam Filtering and Social Media Moderation Are the Same Thing (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20230324-spam-filtering-and-social-media-moderation-are-the-same-thing</guid>
		<link>https://circleid.com/posts20230324-spam-filtering-and-social-media-moderation-are-the-same-thing</link>
		<description><![CDATA[CDA Section 230 has been called "The 26 Words that Created the Internet". While it is obvious how Sec 230 protects the World Wide Web, it is equally important for e-mail. A recent Pennsylvania court case emphasizes this point. Dr. Thomas, a professor at the University of Pennsylvania, forwarded an article about another professor Dr. Monge to an online e-mail discussion list. Dr. Monge claimed the article was defamatory and sued Dr. Thomas, the university, and many others. <a href="https://circleid.com/posts20230324-spam-filtering-and-social-media-moderation-are-the-same-thing">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> Why Facebook Is Not a Common Carrier (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20220921-why-facebook-is-not-a-common-carrier</guid>
		<link>https://circleid.com/posts20220921-why-facebook-is-not-a-common-carrier</link>
		<description><![CDATA[The ever-entertaining Fifth Circuit has recently upheld a strange Texas law that forbids most kinds of social media moderation. (Techdirt explains many of the reasons the court is wrong, so I won't try.) This brings us to the trendy question of whether Facebook, Twitter, et al. should be treated as common carriers. You can make a good argument to separate the point-to-point data transport from the ISP and make the former common carriage. <a href="https://circleid.com/posts20220921-why-facebook-is-not-a-common-carrier">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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		<title> How Not to Take Russia Off the Internet (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20220307-how-not-to-take-russia-off-the-internet</guid>
		<link>https://circleid.com/posts20220307-how-not-to-take-russia-off-the-internet</link>
		<description><![CDATA[Last week the Ukrainian government sent a letter to ICANN asking them to revoke the ".ru", ".рф" and ".su" top-level domains. It also said they were asking RIPE, which manages IP addresses in Europe, to revoke Russian IP addresses. Both ICANN and RIPE said no. Other people have explained why it would have been a policy disaster, but beyond that, neither would actually have worked. <a href="https://circleid.com/posts20220307-how-not-to-take-russia-off-the-internet">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> Cryptographic Catastrophe Theory (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20210914-cryptographic-catastrophe-theory</guid>
		<link>https://circleid.com/posts20210914-cryptographic-catastrophe-theory</link>
		<description><![CDATA[Technologists and law enforcement have been arguing about cryptography policy for about 30 years now. People talk past each other, with each side concluding the other side are unreasonable jerks because of some fundamental incompatible assumptions between two conceptual worlds in collision. In the physical world, bank branches have marble columns and granite counters and mahogany woodwork to show the world that they are rich and stable. <a href="https://circleid.com/posts20210914-cryptographic-catastrophe-theory">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> The Supreme Court Decides that Compatible Software is Still Legal (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20210408-supreme-court-decides-that-compatible-software-is-still-legal</guid>
		<link>https://circleid.com/posts20210408-supreme-court-decides-that-compatible-software-is-still-legal</link>
		<description><![CDATA[Back in the 1980s, everyone used the Lotus 1-2-3 spreadsheet on their PCs. In 1989, Borland released a competitor, Quattro Pro. It used the same menu commands as 1-2-3 so that users could import their 1-2-3 spreadsheets with keyboard macros. Lotus sued Borland, and after a loss in the district court, Borland won on appeal, arguing that the keyboard commands are a "method of operation" and not subject to copyright. Lotus appealed to the Supreme Court... <a href="https://circleid.com/posts20210408-supreme-court-decides-that-compatible-software-is-still-legal">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> Why the Internet is Not Like a Railroad (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20210122-why-the-internet-is-not-like-a-railroad</guid>
		<link>https://circleid.com/posts20210122-why-the-internet-is-not-like-a-railroad</link>
		<description><![CDATA[When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish. <a href="https://circleid.com/posts20210122-why-the-internet-is-not-like-a-railroad">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> The Good Old Days in the Cryptography Wars (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20201024-the-good-old-days-in-the-cryptography-wars</guid>
		<link>https://circleid.com/posts20201024-the-good-old-days-in-the-cryptography-wars</link>
		<description><![CDATA[The 20th century was the golden age of surveillance. High-speed communication went either by telegraph and telephone, which needed a license from the government, or by radio, which anyone can listen to. Codes were manual or electromechanical and were breakable, e.g., the Zimmermann telegram and Bletchley Park. (The UK government spent far more effort inventing a cover story for the source of the telegram than on the break itself, to avoid telling the world how thoroughly they were spying on everyone.) <a href="https://circleid.com/posts20201024-the-good-old-days-in-the-cryptography-wars">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> Is Booking.com a Generic Term? (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20200701-is-bookingcom-a-generic-term</guid>
		<link>https://circleid.com/posts20200701-is-bookingcom-a-generic-term</link>
		<description><![CDATA[A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. <a href="https://circleid.com/posts20200701-is-bookingcom-a-generic-term">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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	<item>
		<title> Once Again, Why Internet Voting Doesn't Work (Featured Blog)</title>
		<guid isPermaLink="true">https://circleid.com/posts20200618-once-again-why-internet-voting-doesnt-work</guid>
		<link>https://circleid.com/posts20200618-once-again-why-internet-voting-doesnt-work</link>
		<description><![CDATA[An acquaintance said, "We trust our electronic systems to transfer millions of dollars of value; I suspect we will eventually develop schemes we will trust to record and count votes." Unfortunately, this is one of the chronic fallacies that make voting security experts tear their remaining hair out. The security models are entirely different, so what banks do is completely irrelevant to voting. <a href="https://circleid.com/posts20200618-once-again-why-internet-voting-doesnt-work">More...</a>]]></description>
		<dc:date>2026-04-30T12:14:00-07:00</dc:date>
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