Paul Keller

Summer Course on International Copyright Law & Policy 2026 - IVIR The Institute for Information Law organizes an annual intensive post-graduate course on international copyright law and policy. The face of copyright law and policy changes continuously, mostly due to...

🚀 Registrations are now open for the 2026 Institute for Information Law (IViR) Summer Course on International Copyright Law & Policy!

Join us for an intensive 5-day program on international copyright law, featuring an incredible lineup of experts

🔗 Details & registration: www.ivir.nl/courses/icl/

well that was very uneventful @paulk.bsky.social is now @paul.eurosky.social. #eurosky (I guess uneventful is good in this context, so 👏 @eurosky.social)

News publishers limit Internet Archive access due to AI scraping concerns Outlets like The Guardian and The New York Times are scrutinizing digital archives as potential backdoors for AI crawlers.

Publishers blocking @archive.org crawlers over AI concerns. Reporting from @niemanlab.org shows how scarcity-based responses to AI are eroding open web infrastructure in real time: www.niemanlab.org/2026/01/news-p…

I wrote about why this path leads nowhere good: www.techpolicy.press/abundance-vs-s…

CommonsDB We are building a public registry for Public Domain and openly licensed works

Don't forget to check the CommonsDB project, a public domain and openly licenced works registery www.commonsdb.org

Divergent Mechanisms, Elusive Vocabularies. Open Future Policy Brief #10 Cover.

Interested in the European Commission's consultation on TDM rights protocols closing 23 January? Our new policy brief by @paulk.bsky.social examines how AI opt-outs evolved in 2025, proposes four principles for a shared vocabulary layer, and provides timely context.
openfuture.eu/publication/...

in the midst of all the chaos I took the train to Warszawa and arrived right on time: blog.voyantes.net/kind-train-g...

Openness, Power, and the Paradox of Open Data in the Digital Omnibus – Open Future The Digital Omnibus goes beyond technical fixes—the EU is finally acknowledging the Paradox of Open. Differentiated charging makes sense. Weakening standard licensing risks fragmentation.

The proposed Digital Omnibus would allow public bodies to charge tech giants different fees for reusing public data. @paulk.bsky.social examines where this works—and where it adds unnecessary complexity—addressing the Paradox of Open and its implications for open data. openfuture.eu/blog/opennes...

Departure board at Amsterdam Central Station. all of the trains are cancelled except the one to Berlin

when all of NL is in a #winter meltdown, but you have to get to Warsaw and the train gods like you. Bravo @deutschebahn.com!

The new Agentic AI Foundation (OpenAI, Google, Microsoft...) will set rules for how AI agents access data. Wikimedia's voice is missing. If this is about the public interest, the digital commons must have a seat at the table. More in the latest from @alek.bsky.social: openfuture.eu/blog/why-wik...

This new impulse paper proposes a framework to help cultural heritage institutions balance their commitment to open access with the increasing AI-driven demand on their collections and infrastructure. ↘️

GEMA v OpenAI: Memory is Fragile. Garbage Lasts Forever. – Open Future GEMA's lawsuit against OpenAI has reignited the debate about AI training and copyright. This post examines the relationship between AI training and the TDM exceptions.

@paulk.bsky.social Keller @openfuture.bsky.social read the GEMA v. OpenAI judgment. In his view, the judgment reaffirms the TDM exceptions enable AI training—provided the training doesn’t lead to memorization. openfuture.eu/blog/g... #AI

Leveraging Article 3 of the CDSM Directive to build public AI models – Open Future Article 3 of the CDSM Directive allows EU research organizations and libraries to train AI models on copyrighted works. This analysis explores how this legal framework enables public AI development.

🇪🇺 The EU has the legal tools to build public AI—but uncertainty is holding it back. Article 3 of the CDSM Directive lets research organizations & libraries train models on accessible works.

Read @paulk.bsky.social’s latest analysis for more: openfuture.eu/blog/leverag...

GEMA v OpenAI: Memory is Fragile. Garbage Lasts Forever. – Open Future GEMA's lawsuit against OpenAI has reignited the debate about AI training and copyright. This post examines the relationship between AI training and the TDM exceptions.

First EU ruling on AI training: TDM exceptions apply, but models can't memorize copyrighted works. Court draws line between learning and leakage, leaving key questions on opt-outs and memorization thresholds. Read @paulk.bsky.social latest: openfuture.eu/blog/gema-v-...

I have been a paid subscriber to @404media.co since pretty much day 1. Easily the best $100 you can spend on the internet. Yesterday I accidentally heard their podcast with ads—I’d probably pay $100 just to avoid those cringe-worthy things alone.

Licensing, Levies, and the Limits of Copyright – Open Future MEP Axel Voss questions his own copyright framework while offering insights on remuneration and transparency for AI.

📝 Voss's draft report on copyright & AI shows irony: questions his own framework only to circle back to it. His focus on remuneration and transparency offers pathways to a more sustainable information ecosystem.

Read @paulk.bsky.social’s analysis: openfuture.eu/blog/licensi...

Are such complaints publicly available somewhere?

well they do (they just don't call it passkeys)

g ty g

Beyond AI and copyright – Open Future This White Paper calls for a levy on commercial AI systems to fund public infrastructures and ensure a sustainable Digital Knowledge Commons in the generative AI era.

📄 New White Paper: "Beyond AI & Copyright: Funding a Sustainable Information Ecosystem."
@paulk.bsky.social examines how AI impacts information control, argues for public AI models, and proposes a levy system on commercial AI services to support the digital commons.

openfuture.eu/publication/...

public support for independent online public media initiatives is something that has been exceedingly rare, and the DP programme pointed to an possible future that did not leave all of the digital space to commercial platforms.

This destroyed so much more than just that. in the years before the ministry experimented funding for social media initiatives(as in media produced by civil society). this initiative (de digitale pioniersregeling was also abruptly killed.

CommonsDB Feasibility Study: Building the Future of Digital Commons – Open Future This study outlines how CommonsDB is creating a registry of Public Domain and openly licensed works to improve legal certainty when reusing digital content.

The first part of CommonsDB Feasibility Study—by @paulk.bsky.social, @culturedoug.bsky.social, @posth.me, @jpquintais.bsky.social, @theflyinglawyer.bsky.social, and Thomas Margon—anticipates launching the first public version of the registry after summer.

Download: openfuture.eu/publication/...

CommonsDB Feasibility Study: Laying the Groundwork for a Rights Registry The first part of the CommonsDB Feasibility Study has been published

Yesterday we published the first part of a feasibility study for CommonsDB—laying out the design principles for the public registry of Public Domain and openly licensed works that we are currently building. Next step: the first prototype, coming after the summer: www.commonsdb.org/blog/feasibi...

In case you missed our Salon on this misguided proposal from France, read @cmfrancoise.bsky.social's summary on our blog or watch the recording at the link below:

Europe was promised a new golden age of the night train. Why are we still waiting? | Jon Worth Romance, excitement and sustainability – continent-crossing sleeper trains should be a hit. It’s time for the EU to catch on, says writer and campaigner Jon Worth

Excellent piece by @jonworth.eu: www.theguardian.com/commentisfre... I am taking a night train once or twice a year. When everything works it can be magic (have dinner with friends in Berlin, and breakfast with the family in Amsterdam the next morning) but there is so much unrealized potential!

The obvious answer to this consultation is that the biggest challenge posed by electronic communications is that it has become so cheap that @ec.europa.eu can run a year-round #DDoS attack on stakeholders—by launching one consultation after another.

Do AI models dream of dolphins in lake Balaton? - Kluwer Copyright Blog There is a bit of excitement in copyright circles about the first case referred to the CJEU that directly addresses the intersection of artificial intelligence (AI) and the EU copyright framework.…

The 🤖💭🐬 case referred to the CJEU focuses not on AI model training issues, but rather on questions arising from their use. Read @paulk.bsky.social's analysis of the first EU court case addressing AI and copyright:
copyrightblog.kluweriplaw.com/2025/05/28/d...

Seems to me that the underlying assumption of both Acts — that businesses don’t share data because they lack regulatory certainty — might simply be wrong. Seems more likely that businesses dont share data because they view it as a competitive asset. And that’s not something EU regulation can change.

That’s an excellent question — one I’ve been asking myself as well. They are both a bit of a grab bag of measures, but I have yet to see evidence of real impact toward the stated regulatory objective: stimulating the data economy through more data sharing.

Do AI models dream of dolphins in lake Balaton? - Kluwer Copyright Blog There is a bit of excitement in copyright circles about the first case referred to the CJEU that directly addresses the intersection of artificial intelligence (AI) and the EU copyright framework. The...

🐬 @paulk.bsky.social analyzes the first CJEU case on AI and copyright, "Like Company v Google," which examines AI chatbots (wrongly) summarizing online content.
Important for anyone tracking AI and copyright law developments.
copyrightblog.kluweriplaw.com/2025/05/28/d...