Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues
106 points
by askl
3 hours ago
| 12 comments
| torrentfreak.com
| HN
dizzy9
1 hour ago
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Some of us are old enough to remember when the RIAA sued children for downloading Metallica albums on filesharing networks. They sued for $100,000 per song, an absurd amount when you consider that even stealing a physical album would amount only to around $1 per song. What was bizarre was that courts took the figure seriously, even if they typically settled cases for around $3,000, still around 30x actual damages. The legal maximum was $150,000 per infringement: when a staffer leaked an early cut of the Wolverine movie, the studio could only sue for that much.
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mikkupikku
28 minutes ago
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Remember that Metallica band members played an active driving role in those lawsuits against their own underage fans. It wasn't just the RIAA / record company organizations behaving cruelly, it was Metallica themselves. Fuck Metallica.
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magicalhippo
21 minutes ago
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At least it brought us some fun Flash animations as a result, in the form of Metallicops.

https://www.youtube.com/watch?v=mb_jLAisPzk

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ohbleek
40 minutes ago
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So, does this mean that people can simply argue in court now (if they were to be prosecuted for downloading media via bittorrent) that it is fair use if they used it to train a local model on their machine?
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yorwba
9 minutes ago
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People could always simply argue in court that their torrenting was free use.

If you're just some nobody representing yourself instead of an expensive lawyer acting on behalf of a large company, maybe the judge will even try to be extra nice when he explains why the argument doesn't hold water.

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bsenftner
20 minutes ago
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Of course not. It is just yet another example of a 7-8 figure expensive attorney and their billions dollar corporation wasting everyone' time, tax payers dollars, and demonstrating that the law applies to us and not them. I expect them to just stop showing up in court in time. What can the court do when these people own the people that write the laws?
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jazz9k
54 minutes ago
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Children can commit crimes too.

It's funny, because now in the age of AI, many of the people that support piracy are now trying to stop AI companies from doing the same thing.

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bravetraveler
53 minutes ago
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'Same thing', hah. This was edited out, but I'm quoting it anyway:

> I should trot out all of the justifications here.

I'll start: personal use instead of profit. Certainly a difference, not convinced justification is required or even advisable.

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mikkupikku
33 minutes ago
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A child stole a candy bar from my shop, time to bankrupt his whole working class family!

^ sociopathic legalists really do think this way.

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functionmouse
45 minutes ago
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Oh stop being disingenuous.
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b112
38 minutes ago
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Way to leave out context!

By no means were they suing for downloading alone. They were suing for sharing while downloading, and seeding after, and as "early seeders" they helped thousands obtain copies.

Right or wrong, it was absolutely not about just downloading. It wasn't about taking one copy.

In their eyes, it was about copyng then handing out tens of thousands of copies for free.

Again, not saying it was right. However, please don't provide an abridged account, slanted to create a conclusion in the reader.

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misnome
35 minutes ago
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Did you even read the title of the article? This is exactly what they are claiming is fair use.
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Sayrus
2 hours ago
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> Anyone who uses BitTorrent to transfer files automatically uploads content to other people, as it is inherent to the protocol. In other words, the uploading wasn’t a choice, it was simply how the technology works.

What an argument to make in court. It can be proved false in minutes by the plaintiffs.

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Teknomadix
39 seconds ago
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Not exactly automatically.

Seeding is opt-out, not opt-in… but it is usually a default that has to actively manually overridden. Most users never touch those settings. The average pirate downloading a torrent is seeding whether they know it or not.

The protocol absolutely does not enforce seeding. A client can lie to the tracker, cap upload to 0k. BitTorrent has no mechanism to compel one to share. Leeching a file, downloading and sharing no forward packets is possible. While the "social contract" of seeding is entirely a norm enforced by private trackers and community shame. It is not the protocol itself.

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Ekaros
2 hours ago
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I can't believe that no one has ever tried that one before... So do we now roll back all of the previous copyright cases where downloading music with bittorrent has been prosecuted?
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applfanboysbgon
1 hour ago
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> So do we now roll back all of the previous copyright cases where downloading music with bittorrent has been prosecuted

No, because those cases were pirating-while-poor. This is pirating-while-trillion-dollar-corporation, which falls under a completely different section of the law.

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mcherm
1 hour ago
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At this stage, you are going to far in claiming that. So far, all that happened is that Meta's lawyers claimed it was fair use. They are paid to try every argument they can think of that might work. Just because they make the argument doesn't mean the court will find it has any merit.
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armchairhacker
4 minutes ago
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Meta has so much money, even if they end up paying they’ll probably barely be affected. In that case, actually GP is wrong and it’s the same law, but still different outcomes (like “neither poor nor rich may sleep on public benches…”)
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latexr
51 minutes ago
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While you are correct that a decision on this specific case is still pending, your parent comment does have a point that breaking the law while rich and while poor have very different outcomes. Also, no way they’re going to roll back all previous cases. So the joke works now, no need to wait.
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Sayrus
2 hours ago
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From my understanding, Meta's use of the pirated book was accepted as fair use and the plaintiffs admitted to no harm. In the case of pirated music and films, neither of those points are made. Copyright holders assume people who pirate would have bought the content, usually even assuming that one download is one lost sale. And I am not aware of a single case where watching or listening to pirated content was accepted as fair use.

It is interesting to follow how this plays out for Meta and how that will impact future cases.

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RobotToaster
59 minutes ago
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One of the underlying issues is that punitive damages seem to be the norm in US courts.

In the UK you can only claim for the actual damages incurred, which at most will be the profit you would've made on the sale of that book. Which makes most claims for private infringement uneconomical for corporations.

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Hamuko
2 hours ago
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We consumers just need BiTorrent clients that come with LLM training code incorporated, as that transforms the downloads into fair use (according to the very expensive Meta legal team).
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gmokki
1 hour ago
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When I pull the trigger and the bullet kills an another person, it is just how technology works. Why would I be responsible if I choose to use it or not?
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swarnie
1 hour ago
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I'm going to need a copy of your latest bank statement before i can accurately answer that.
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throw73848595
1 hour ago
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This. You can set upload speed to zero, and download entire dataset without uploading anything. Slower but doable.
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gus_massa
1 hour ago
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I agree, that people used to be called "leechers". Somewhat related xkcd https://xkcd.com/553/
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lukan
2 hours ago
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The world has become so strange. In my pirate youth, I would have never imagined the big companies to argue in courts like this, basically pro piracy. And the activists are now against it, because the big guys are doing it.
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dns_snek
2 hours ago
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> And the activists are now against it, because the big guys are doing it.

The activists are against it because the big guys are exploiting us small guys, again. Nobody would give a shit if Meta was just torrenting Nintendo's IP and OpenAI was torrenting Netflix IP, except the lawyers working for these companies.

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armchairhacker
22 minutes ago
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People would care if Meta is allowed to torrent from Nintendo and they aren’t, because they’d care if Meta bought licenses from Nintendo and open models couldn’t get those licenses.
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elric
2 hours ago
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Big companies are stealing to enrich themselves, while small time pirates were pirating for their own entertainment. Some of the latter went to jail. While the former rake in the dough.
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jacquesm
38 minutes ago
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Nothing has changed: the money flows in the same direction as before, that's the constant. The courts are just a diode in a rectifier.
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willis936
2 hours ago
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It's not like there has been some change in principle and some sort of knife to sharpen. "2005 personal pirate" was about making art accessible. "2025 corpo pirate" is about killing art.
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armchairhacker
8 minutes ago
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LLMs make pirated art more accessible, and 2005 pirates allegedly harmed artists by decreasing their sales.

The significant change is that 2025 corpo pirates are big corporations, and 2005 personal pirates are individuals. And I think the larger issue is that the big corpo pirates get away with what 2025 personal pirates wouldn’t.

Anyways, my opinion is that we should get rid of IP, but only with a replacement that ensures creators still get paid. I lean towards piracy being a small sin: immoral, but you can easily be a pirate and still overall moral person.

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GrinningFool
1 hour ago
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2005 piracy had little to do to with making art accessible. For the most part it seemed more like getting for free the digital things we couldn't pay or and/or felt entitled to, with many justifications layered on top.
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gzread
33 minutes ago
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that's the same thing?
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gzread
33 minutes ago
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Activists are against AI training, not bittorrent
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j-bos
38 minutes ago
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The activists seem to be so blinded by disdain they can't even consider the value of the precedent if it goes theough.
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Ekaros
2 hours ago
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Just need to get around to understand that on many subjects big companies are not uniform block... They all have their own goals and ways of profit. Other than exploiting the consumers and state.
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plutokras
1 hour ago
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I have no issue with anyone pirating. In my country — and soon in Italy as well — all storage media sales include a small levy (Artisjus) intended to compensate copyright holders for losses from piracy. One could argue it's unfair if you're not actually using the media for copying, but having been forced to pay it regardless, I have no moral qualms about pirating content I don't feel like paying for.

By the same token, AI companies are in no position to complain when their models are scraped and distilled.

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jagged-chisel
1 hour ago
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How does that money get distributed? If I create a film, how they decide if I’m worthy enough to receive some of that money?
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progval
46 minutes ago
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The way it works in France is that money goes to a company that collects it on behalf of all copyright holders. Its website does not offer any documentation as to how copyright holders can claim their share.
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imglorp
34 minutes ago
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That sounds pretty shady. There's also the problem that most media generated globally is not French. Do they pretend to distribute the spoils globally?
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nkrisc
35 minutes ago
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Why is it fair that you get to be subsidized by everyone who does pay? Imagine a world where everyone had the same attitude as you and did not pay for any media. Pirates get to pirate only because most people don’t. So why are you so special?
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plutokras
13 minutes ago
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As mentioned, we all pay the fee. Additionally, I pay for plenty of media when it is practical, deserving, or convenient. The rest gets pirated.
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gzread
32 minutes ago
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It's not subsidized. You paid a fee on every hard drive to pay for that drive to hold pirated media.
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yorwba
16 minutes ago
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It's subsidized by people who paid the fee when they bought a hard drive to hold something other than pirated media.
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gzread
14 minutes ago
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You mean the fee I pay for piracy doesn't cover the cost of the piracy? Maybe they should remove the fee, so they can prosecute me for piracy, without me arguing it's covered by the fee.
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vjk800
38 minutes ago
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If Meta wins this, does it mean that pirating becomes legal again?
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Imustaskforhelp
1 hour ago
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The problem is that laws don't apply to these big companies but to the small guys. It isn't as if piracy has suddenly become legal for everybody.

Oh no, its just legal for the big companies. The laws are different for everybody and that's what activists are worried about :)

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DeathArrow
2 hours ago
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I haven't changed. I was pro 20 years ago and I am pro now.
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david_shi
1 hour ago
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At some point, the contradiction of "law as something impartial" and "law bends to the whims of power" will need to be resolved.
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postepowanieadm
1 hour ago
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Bad news, it's already been resolved.
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y0eswddl
23 minutes ago
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"the law" has always only been the whims of the powerful aa a threat of violence against the powerless if they don't follow
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senko
1 hour ago
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Wholly agreed.

The way Disney &co coopted law to pack their coffers is a travesty: https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

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armchairhacker
24 minutes ago
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Everything bends to power, by definition. And laws can’t be impartial because they’re not based in hard science: terms like “murder”, “assault”, “theft”, etc. are ambiguous thus up to interpretation (e.g. is a scam theft? If so, what defines a scam? If “lying”, what’s the difference from “misleading”, or if there’s no difference, what defines “misleading”…)

My best idea for a solution is better education, so people don’t make bad laws then badly enforce them.

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heavyset_go
2 hours ago
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I remember in the 90s and 2000s, the FBI would go after homeless people selling bootleg VHS and DVDs on the street lol
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ReptileMan
1 hour ago
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Since the creation of the USA the only real crime a person could do was being poor.
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sigwinch
1 hour ago
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ICE played an important role in those cases with long supply chains. Seems quaint now, but I think we should acknowledge any criminal who does not participate in a child abuse ring. Those counterfeit DVDs were not illegal content, just illegal storefronts. If today’s ICE or FBI uncovered such a ring, who would they call first?
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Havoc
1 hour ago
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Meanwhile some kid downloads a song and gets lynched for it
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w4yai
2 hours ago
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Oh, how the tables have turned...
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tormeh
1 hour ago
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We're reaching levels of "move fast and break things" previously only thought possible under laboratory conditions.

Seriously? They couldn't be bothered setting upload speed to 0?

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carlosjobim
1 hour ago
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A related case:

"Anthropic agrees to pay $1.5B US to settle author class action over AI training"

https://www.cbc.ca/news/business/anthropic-ai-copyright-sett...

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villgax
1 hour ago
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Literally admitting to theft & whining about the modus which got them caught lol
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bell-cot
2 hours ago
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Gut reaction: Judge needs to upload Meta's lawyers to jail cells, explaining "that's simply how the technology works".
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chazburger
1 hour ago
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Copyrights and patents are tools of communists and need to be banned and overturned in the age of AI. Would save countless lives and improve billions more.
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throawayonthe
24 minutes ago
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communism is when the state protects interests of capital
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