The Defendant Swap That Undermines Copyright Litigation
Copyright law names a specific infringer and demands a specific remedy. The Bluesky argument swaps the named defendant — from AI systems to the people who own them — and that swap is not cosmetic. If billionaires are the problem, then injunctions against model training do not solve it; wealth taxes might. The framing shift represented in these two posts does not just change the tone of the conversation — it changes which institutions are positioned to respond. Courts handle copyright. They do not handle oligarchy. The copyright plaintiffs in NYT v. OpenAI and the Getty Images litigation are, on this reading, filing in the wrong venue.