Elon Musk’s apparent power play at the Copyright Office completely backfired
beSpacific 2025-05-16
The Verge no paywall: Ripping off content to train AI wasn’t going to fly with either MAGA populists or MAGA media. What initially appeared to be a power play by Elon Musk and the Department of Government Efficiency (DOGE) to take over the US Copyright Office by having Donald Trump remove the officials in charge has now backfired in spectacular fashion, as Trump’s acting replacements are known to be unfriendly — and even downright hostile — to the tech industry. When Trump fired Librarian of Congress Carla Hayden last week and Register of Copyrights Shira Perlmutter over the weekend, it was seen as another move driven by the tech wing of the Republican Party — especially in light of the Copyright Office releasing a pre-publication report saying some kinds of generative AI training would not be considered fair use. And when two men showed up at the Copyright Office inside the Library of Congress carrying letters purporting to appoint them to acting leadership positions, the DOGE takeover appeared to be complete. But those two men, Paul Perkins and Brian Nieves, were not DOGE at all, but instead approved by the MAGA wing of the Trump coalition that aims to put tech companies in check. Perkins, now the supposed acting Register of Copyrights, is an eight-year veteran of the DOJ who served in the first Trump administration prosecuting fraud cases. Nieves, the putative acting deputy librarian, is currently at the Office of the Deputy Attorney General, having previously been a lawyer on the House Judiciary Committee, where he worked with Rep. Jim Jordan on Big Tech investigations. And Todd Blanche, the putative Acting Librarian of Congress who would be their boss, is a staunch Trump ally who represented him during his 2024 Manhattan criminal trial, and is now the Deputy Attorney General overseeing the DOJ’s side in the Google Search remedies case. As one government affairs lobbyist told The Verge, Blanche is “there to stick it to tech.” The appointments of Blanche, Perkins, and Nieves are the result of furious lobbying over the weekend by the conservative content industry — as jealously protective of its copyrighted works as any other media companies — as well as populist Republican lawmakers and lawyers, all enraged that Silicon Valley had somehow persuaded Trump to fire someone who’d recently criticized AI companies. Sources speaking to The Verge are convinced the firings were a tech industry power play led by Elon Musk and David Sacks. The populists were particularly rankled over Perlmutter’s removal from the helm of the Copyright Office, which happened the day after the agency released a pre-publication version of its report on the use of copyrighted material in training generative AI systems. Sources speaking to The Verge are convinced the firings were a tech industry power play led by Elon Musk and “White House A.I. & Crypto Czar” David Sacks, meant to eliminate any resistance to AI companies using copyrighted material to train models without having to pay for it. “You can say, well, we have to compete with China. No, we don’t have to steal content to compete with China. We don’t have slave labor to compete with China. It’s a bullshit argument,” Mike Davis, the president of the Article III project and a key antitrust advisor to Trump, told The Verge. “It’s not fair use under the copyright laws to take everyone’s content and have the big tech platforms monetize it. That’s the opposite of fair use. That’s a copyright infringement.”…