Posted by pera 5 hours ago
And the entire Bloomberg takedown drama added fire to the flames.
And Bloomberg did a DMCA takedown through youtube, copystrike in parlance which pulled the video down for a week. GN had no recourse other than to wait and counterclaim.
Week timed out, Bloomberg did nothing but be the bully.
Louis Rossmann's excellent explainer video here on the Bloomberg bit: https://www.youtube.com/watch?v=6RJvrTC6oTI
As always, Louis is being a bit sensationalist and stretches the truth to whip up outrage. Contrary to what he claims, GN could have easily quoted the president without Bloomberg's video, and that would be fine. "that outlet now has a monopoly on who is able to quote the president" is just a totally false premise. Moreover he tries to argue that GN's video falls under fair use, because it's a 1 minute clip in a 3 hour video. However it's not think of a rebuttal to this. If news organizations can copy each other's clips of official speeches, who would bother going out and making such recordings? Usually how this would be resolved would be by citing precedents, but he doesn't bother citing any.
Brother, wait until you learn about the associate press.
In U.S. copyright law, the four factors evaluated to judge fair use are:
1: Purpose and character of the use: including whether the use is commercial or nonprofit educational, and whether it is transformative.
2: Nature of the copyrighted work: for example, whether the work is more factual or more creative.
3: Amount and substantiality used: both how much was taken and whether it was a qualitatively important part of the work.
4: Effect on the market: whether the use harms the potential market for or value of the original work.
Courts weigh all four factors together. There is no fixed rule like "under 30 seconds" or "under 10%." GN's use seems to satisfy all four factors.
The same AP that licenses content to its members and charges non-members for the privilege of reusing their content?
"Many newspapers and broadcasters outside the United States are AP subscribers, paying a fee to use AP material without being contributing members of the cooperative. As part of their cooperative agreement with the AP, most member news organizations grant automatic permission for the AP to distribute their local news reports. "
> GN's use seems to satisfy all four factors.
It's weakest at #1 and #4.
#1: it's a commercial piece of work (so far as I can tell GN isn't a non-profit), and the use of the clip specifically isn't critical to the work. If you're critiquing a movie or something, and need to show a screengrab to get your point across, then that makes sense, but if the purpose of the video is just to establish "Trump said this", the video isn't really needed.
#4: see above regarding making recordings of official speeches.
Moreover I'm not trying to argue that GN is definitely not fair use, only that there's a plausible case otherwise. If there's actual disagreement over it's fair use or not, then the DMCA process is working as intended, and Bloomberg isn't abusing it as Louis implies.
[responses to edited-out portion of parent comment]
Re: #1, GN's work while commercial is an educational investigative journalism / documentary piece which are well established users of Free Use protection. GN's use is absolutely transformative.
#4: Bloomberg would have to prove a financial loss to have standing. That would mean that GN must have no other option than to use Bloomberg's clip, and pay the license, which I don't think would fly. GN would have just produced the segment differently.
readded
You either take a gamble on something and hope it's good, or try to buy the same thing that someone else bought and reviewed.
Remember the 2018 accusations of spy chips implanted in supermicro motherboards that everyone denied so strongly?
If some market has large margins, it means it has some inefficiencies.
Gross margin of zero would be mean you sell at exactly the cost to produce. Net margin of zero means you cover all your expenses including COGS. The only really difficult, practically impossible, thing would be doing both at the same time. Though, I could also see a case where you drive down net margins once sunk costs are paid and achieve both.
Doing so practically, or sustainably, in most circumstances would be uhh crazy… but it’s not impossible. Even then I think aiming for zero margin is a pretty credible tactic in eliminating competition if you can out sustain them.
TLDR; Weird? Sure. But not impossible. And even sort of likely if you’re trying to atrophy your competition out of existence.
I thought about quite often while visiting a pub owned by the land lord renting out 150 rooms above. Each floor had a large industrial shared kitchen, shared bathrooms, toilets and a large shared living room. If people had 1-2 guests they would stay in their room, if they had 2-10 guests they would use the shared space, if they had 4-80 guests they would take the elevator to the pub. When one was bored with the guests or didn't have time they were left in the pub. Technically people had bar shifts in their rent contract (that you could buy your way out of) but there were plenty who enjoyed running the bar for free. Drinks were at cost. If you tried to tip or didn't take your change they left it on the counter and it would sit there for a day or two. The problem of the pinball machine earnings they solved with rounds of free drinks and chips.
When asked the owner said exploiting a bar was entirely to much work. If he wanted more money from the people living there he could just increase the rent?
Man, Kazakhstan must be an industrial powerhouse by now with all that German machinery. Can't wait for Kazakh EVs and semiconductors to hit the market.
M - Money/Greed
I - Ideology/Divided Loyalty
C - Coercion/Compromise
E - Ego
Sometimes, I think we look at people who are this wealthy and think they should be immune to these kinds of shenanigans, but I'd wager that the -ICE becomes even easier to exploit in people once they no longer need money, if they were already susceptible to it to begin with.
Can someone shed light on why China still couldn't copy the Nvidia GPUs in some form?
I understand its complex and there many parts to it, but which is the most complex part making it difficult for China to copy it?
Let's say they don't have access to 3nm process, what if they just use 12nm and create GPUs with much bigger size but comparable performance with CUDA compatibility? Or other option could be less tensor units, training will take longer, but they might be able to produce it cheaply
If you could steal all the designs at TSMC, and you had exactly the process that TSMC uses, you could definitely make counterfeits. If you didn't have TSMC's specific process, you could adapt the designs (to Intel or Samsung) with serious but not epic effort. If you couldn't make the processes similar (ie, want to fab on SMIC), you are basically back to RTL, and can look forward to the most expensive and time-consuming part of chip design.
This is nothing like copying a trivial, non-complex item like a car. Copying a modern jet engine is starting to get close (for instance, single-crystal blades), but even they are much simpler. I mention the latter because the largest, most resourced countries in the world have tried and are still trying.
Same with chips, efficiency, speed, etc all depend on good design, and cutting edge factors, if the main reason your chip isn't faster is because of the distance between your L1 cache and your core is far, then having a bigger node process but bigger chip won't make it quicker.
They have alternatives, like the Tian supercomputer was originally built with Xeon Phi chips that have been replaced with their own domestic alternatives.
A big limitation is getting access to fab slots. Nvidia and Apple are very aggressive about buying up capacity from TSMC, etc, and China's own domestic fabs are improving fast but still not a real match, particularly for volume.
But there's a distinct time/value of investment equation with the current AI boom. The jury is at best still out on what that equation is for the goals of capital (it's increasingly looking like there's no moat), but if you're a national government trying to encourage local bleeding edge expertise in new fields like this it's quite a bit more clear.
With processors it's customary to use the "Fan out of 4" metric as a measurement of the critical paths. It's the notional display for a gate with fan out of 4, which is the typical case for moving between latches/registers. Microprocessor critical paths are usually on the scale of ~10 FO4.
The largest chip at the moment is Cerebras's wafer scale accelerator. There the tile is basically at the reticule limit, and they worked with TSMC to develop a method to wire across the gaps between reticules.
They can copy it. And no, the software moat is not there if someone choose the blatant copy route. They just can't build it in the scale they want yet.
> what if they just use 12nm and create GPUs with much bigger size but comparable performance
Physics do not work this way :/
you could certainly use a larger process and clone chips at an area and power penalty. but area is the main factor in yield, and talking about power is really talking about "what's the highest clockrate can you can still cool".
so: a clone would work in physics, but it would be slow and hot and expensive (low yield). I think issues like propagation delay would be second- or third-order (the whole point of GPUs is to be latency-tolerant, after all).
I wonder if any of those $2.5B of smuggled chips ended up being used for those training runs.
Gamers Nexus did a whole deep dive which basically proved that Chinese researchers had access to whatever they wanted.
https://youtu.be/1H3xQaf7BFI?si=ojlxOC7uiPqZxv0N
edit: not sure if this was sarcasm
DeepSeek v3 was trained on 2,048 NVIDIA H800s. https://arxiv.org/abs/2412.19437
MiniMax M1 used 512 H800s. https://arxiv.org/abs/2506.13585
The H800 wasn't banned in the first round of export controls - but was after October 2023: https://www.cnbc.com/2023/10/17/us-bans-export-of-more-ai-ch...
Z.ai say they used Huawei hardware: https://www.theregister.com/2026/01/15/zhipu_glm_image_huawe...
Qwen and Kimi haven't disclosed their hardware as far as I can tell.
For example: https://www.tomshardware.com/tech-industry/artificial-intell...
Did you think the hesitancy of westerners engaging and relying on Chinese labs was due to vibes? There are fundamental cultural differences at play, wether we are comfortable admitting that or not.
The $2.5B number is just these guys. It could be 10x in total.
