Jack Dorsey & Elon Musk target intellectual property laws

A weekend post by Jack Dorsey, co-founder of Twitter (now X) and Square (now Block), has sparked widespread discussion on the future of intellectual property (IP), after he posted a brief message on X declaring, “delete all IP law.”

X’s current owner, Elon Musk, promptly replied to the post, writing, “I agree.”

The exchange comes amid growing scrutiny of artificial intelligence (AI) companies, including OpenAI, which Musk co-founded and is currently in legal conflict with. Several firms face lawsuits alleging that their AI models have been trained on copyrighted material without proper authorisation, prompting renewed debate around the role of copyright and patents in the digital era.

Technology investor Chris Messina weighed in on the discussion, suggesting that IP enforcement might become a form of punitive regulation for AI development. “Automated IP fines/3-strike rules for AI infringement may become the substitute for putting poor people in jail for cannabis possession,” Messina posted.

Critics responded strongly, with Ed Newton-Rex, founder of the nonprofit Fairly Trained, accusing the tech leaders of undermining the rights of creators. “Tech execs declaring all-out war on creators who don’t want their life’s work pillaged for profit,” he wrote.

In subsequent replies, Dorsey defended his position, arguing that existing IP frameworks unfairly limit creators and benefit intermediaries. “There are much greater models to pay creators,” he said, criticising current systems as “rent-seeking” and dominated by gatekeepers.

Nicole Shanahan, an attorney and former vice-presidential candidate, opposed Dorsey’s remarks, writing, “IP law is the only thing separating human creations from AI creations.” Dorsey responded by emphasising creativity itself as the key differentiator, asserting that the current IP system restricts it.

Musk’s remarks are consistent with previous statements he has made about intellectual property. He once told television host Jay Leno that “patents are for the weak,” and in 2014 pledged that Tesla would not enforce its patents against companies using them in good faith. However, Tesla later sued Australian firm Cap-XX over patent infringement, stating the lawsuit was in response to earlier legal action by Cap-XX.

Dorsey, who has previously advocated for decentralised and open-source approaches to social media, also initiated the development of Bluesky, a decentralised social media protocol. He has since left the Bluesky board, with CEO Jay Graber commenting that his departure allowed the company to distance itself from perceptions of being a “billionaire’s side project.”

The broader implications of Dorsey and Musk’s comments are still unclear, though they come at a time when conversations on platforms like X are increasingly intersecting with policymaking. Musk has previously worked with the Trump administration on governmental reforms, including the creation of a Department of Government Efficiency, staffed largely by figures from the technology sector.

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