Disney is licensing its IP to OpenAI, avoiding the "Napster trap" where music labels sued file-sharing services into bankruptcy but lost control of the streaming market. By partnering, Disney shapes the use of its IP in AI and benefits financially, rather than fighting a losing legal battle against technology's advance.
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OpenAI embraces the 'platform paradox' by selling API access to startups that compete directly with its own apps like ChatGPT. The strategy is to foster a broad ecosystem, believing that enabling competitors is necessary to avoid losing the platform race entirely.
Despite public drama, OpenAI's restructuring settled based on each party's leverage. Microsoft got a 10x return, the foundation was massively capitalized, and employees gained liquidity. This pragmatic outcome, which clears the path for an IPO, proves that calculated deal-making ultimately prevails over controversy.
By striking a formal licensing deal for its IP, Disney gives a powerful counterargument against OpenAI's potential "fair use" claims for other copyrighted material. This willingness to pay for some characters while scraping others could be used as evidence in future lawsuits from creators.
New technologies perceived as job-destroying, like AI, face significant public and regulatory risk. A powerful defense is to make the general public owners of the technology. When people have a financial stake in a technology's success, they are far more likely to defend it than fight against it.
The current trend toward closed, proprietary AI systems is a misguided and ultimately ineffective strategy. Ideas and talent circulate regardless of corporate walls. True, defensible innovation is fostered by openness and the rapid exchange of research, not by secrecy.
