AI, PIRACY, AND THE DEATH OF OWNERSHIP
Keywords:
Keywords: Artificial Intelligence (AI); Copyright; Piracy; Intellectual Property; Digital Law; Global South; UzbekistanAbstract
The rise of artificial intelligence is forcing a reckoning with the very foundations of intellectual property law. For centuries, copyright and patent regimes have relied on the premise of scarcity: that works are original, finite, and owned by identifiable creators. Yet AI systems undermine these assumptions by generating infinite outputs at negligible cost, blurring authorship, and accelerating global access to culture. This article situates the debate historically, showing how piracy—from 19th-century American publishers pirating Dickens to cassette tape sharing in the 1980s—has often been a driver of cultural dissemination rather than mere criminality. Today, in places like Uzbekistan, the reliance on “pirated” knowledge is not deviance but necessity, enabling students, entrepreneurs, and creators to participate in global knowledge economies. By analyzing contemporary legal disputes around AI training data, the EU AI Act, and U.S. copyright litigation, the paper argues that ownership is being outpaced by technological reality. Three futures are explored: subscription-based access models, reputation economies built on trust and attention, and open-source commons as global infrastructure. Ultimately, the Global South may transition into this post-ownership world more rapidly than the West, where legal and corporate systems remain anchored to outdated notions of exclusivity.
References
References:
PRIMARY SOURCES
Cases
• Thaler v Comptroller-General of Patents, Designs and Trade Marks [2021] EWCA Civ 1374 (CA).
• New York Times Company v. Microsoft Corporation and OpenAI, Inc (S.D.N.Y., filed 27 December 2023).
Legislation & Treaties
• European Union, Artificial Intelligence Act [Regulation (EU) 2024/1689].
SECONDARY SOURCES
• Dickens, Charles, American Notes for General Circulation (Chapman & Hall 1842).
• Johns, Adrian, Piracy: The Intellectual Property Wars from Gutenberg to Gates (University of Chicago Press 2010).
• Lessig, Lawrence, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity (Penguin 2004).
• Stallman, Richard, Free Software, Free Society: Selected Essays of Richard M. Stallman (GNU Press 2002).
• Strang, Colin, ‘AI and the Question of Authorship’ (2023) Harvard Journal of Law & Technology 36(2) 214.
• Vinck, Patrick, ‘Piracy, Access, and Development in the Global South’ (2021) Journal of Intellectual Property and Development 5(1) 67.
Web Sources
• European Parliament, ‘EU Artificial Intelligence Act: First Regulation on AI’(2024) https://www.europarl.europa.eu/news/en/headlines/society/20231201STO12304/first-eu-regulation-on-artificial-intelligence
• The Guardian, ‘New York Times Sues OpenAI and Microsoft over Copyright Infringement’ (27 December 2023) https://www.theguardian.com/media/2023/dec/27/new-york-times-sues-openai-microsoft-copyright
• WIPO, ‘Intellectual Property and Artificial Intelligence’ (2022) https://www.wipo.int/about-ip/en/artificial_intelligence