A business gets a very nice head start if it can decide what the ingredients cost after it has started selling dinner.
That is the deal worth examining in the Canadian publishers' lawsuit against Anthropic. According to The Canadian Press, Postmedia, Torstar, The Globe and Mail and The Canadian Press itself allege that the company used their journalism without a valid licence to develop Claude. They filed in Ontario on October 6; the news site Cartt.ca first reported the case. Anthropic had not responded to the report's request for comment. The allegations have not been proven.
So this is a dispute over the bill, not a judicial finding that somebody ate and ran. But look at the bargaining sequence the publishers describe. One side pays to produce reporting. The other allegedly incorporates that work into a product, builds a business around it, and leaves permission for a considerably less convenient stage of the relationship. Lawyers are famously efficient substitutes for asking first. Their hourly rates reflect the convenience.
The claim concerns both material used to develop models and alleged ongoing scraping in response to user prompts. Those are different activities. Collapsing them into the vague phrase AI training would make the arrangement sound like a finished educational exercise. The publishers say the activity continues. Their complaint is not that a machine once attended journalism school and failed to send a thank-you card.
The advantage, if their account is established, is straightforward: revenue can begin before the cost of a key input has been agreed. The supplier gets to finance the disagreement. That is an attractive business model for almost everyone except the person supplying the thing.
I don't need to pretend every publisher is a saint to dislike that arrangement. Large media companies can behave badly. They can also produce work somebody else wants. A company does not forfeit the right to negotiate because its subscription-renewal email was irritating. If irritation voided property rights, half the technology industry would be available for collection from the curb.
We recently examined Anthropic's proposed public-benefit share fund. Generosity toward a future beneficiary and payment to a present supplier are separate transactions. You cannot complete the second by becoming impressively philosophical about the first.
Nor does the arrival of regulatory demands for AI-company records resolve this Canadian copyright case. Different questions, different processes. Here the court must decide what conduct occurred and what the law permits. The reporting supplies allegations, not a shortcut to that decision.
Still, the commercial pitch deserves an ordinary commercial question. If journalism is valuable enough to help build and operate the product, why should the people producing it have to begin negotiations after the product has already acquired customers? That is an unusually generous interpretation of a free trial: the supplier provides it, the buyer chooses its duration, and cancelling may require an Ontario court.


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