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Barry Diller on A.I.: The next thing to pay attention to is 'when it goes from research to action'

Slamming the tentative labor deal between Hollywood writers and studios, media mogul Barry Diller on Tuesday laid out his biggest bone of contention with generative artificial intelligence.

Diller, chairman of IAC and Expedia, called for the law to be redefined to protect published material from capture in artificial intelligence knowledge-bases.

“Fair use needs to redefined because what they have done is sucked up everything and that violates the basis of the copyright law,” Diller said on CNBC’s “Squawk Box.” “All we want to do is establish that there is no such thing as fair use for AI, which gives us standing.”

Diller’s complaints came as prominent authors, including George R.R. Martin and Jodi Picoult, sue OpenAI for copyright infringement. His remarks also followed on the heels of the Writers Guild of America’s tentative agreement with Hollywood studios to end a nearly 150-day strike.

Diller isn’t a fan of the deal.

“They spent months trying to craft words to protect writers from AI and they ended up with a paragraph that protected nothing from no one,” Diller said.

The details of the tentative deal between the WGA and Alliance of Motion Picture and Television Producers have not yet been made public. Hollywood studios are expected to walk away with the right to use and train AI models using writers’ work, according to The Wall Street Journal, which cited unnamed sources familiar with the negotiations. On the other hand, writers are expected to be guarenteed compensation for work they do on scripts, even if the studios employ an AI tool, the Journal added.

Legacy media and AI companies, most notably ChatGPT creator OpenAI, have clashed on what content should be allowed into the knowledge base of generative artificial intelligence. Critics of AI point to the fair use doctrine under U.S. copyright law, which permits limited portions of a work to be used without a license or compensation. Generative AI and language-based model systems index entire bodies of work within their knowledge base, a violation of fair use, some argue.

According to Diller, it’s one of his key points of contention with Sam Altman, the CEO of OpenAI.

“The thing that Sam and I disagree and have talked about is that he believes fair use allows him to take all of a publisher’s [work],” said Diller. “We believe that it doesn’t.”

Altman, who also served on the Expedia board with Diller, testified before senators in May to discuss regulations on AI.

“We think that creators deserve control over how their creations are used, and what happens sort of beyond the point of them releasing it into the world,” Altman said during the hearing. “We need to figure out new ways with this new technology that creators can win, succeed and have a vibrant life, and I’m optimistic that this will present it.”

CNBC has reached out to OpenAI for a response to Diller’s remarks.

Shutterstock, a stock media service and OpenAI partner since 2021, set up a contributors fund for creators which provides compensation if their intellectual property is used during AI content generation. Altman also said that Shutterstock was critical in the training of OpenAI’s generative media AI, DALL-E.

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Anne Wojcicki has a new offer to take 23andMe private, this time for $74.7 million

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Anne Wojcicki has a new offer to take 23andMe private, this time for .7 million

Anne Wojcicki attends the WSJ Magazine Style & Tech Dinner in Atherton, California, on March 15, 2023.

Kelly Sullivan | Getty Images Entertainment | Getty Images

23andMe CEO Anne Wojcicki and New Mountain Capital have submitted a proposal to take the embattled genetic testing company private, according to a Friday filing with the U.S. Securities and Exchange Commission.

Wojcicki and New Mountain have offered to acquire all of 23andMe’s outstanding shares in cash for $2.53 per share, or an equity value of approximately $74.7 million. The company’s stock closed at $2.42 on Friday with a market cap of about $65 million.

The offer comes after a turbulent year for 23andMe, with the stock losing more than 80% of its value in 2024. In January, the company announced plans to explore strategic alternatives, which could include a sale of the company or its assets, a restructuring or a business combination. 

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23andMe has a special committee of independent directors in place to evaluate potential paths forward. The company appointed three new independent directors to its board in October after all seven of its previous directors abruptly resigned the prior month. The special committee has to approve Wojcicki and New Mountain’s proposal.

“We believe that our Proposal provides compelling value and immediate liquidity to the Company’s public stockholders,” Wojcicki and Matthew Holt, managing director and president of private equity at New Mountain, wrote in a letter to the special committee on Thursday.

Wojcicki previously submitted a proposal to take the company private for 40 cents per share in July, but it was rejected by the special committee, in part because the members said it lacked committed financing and did not provide a premium to the closing price at the time.

Wojcicki and New Mountain are willing to provide secured debt financing to fund 23andMe’s operations through the transaction’s closing, the filing said. New Mountain is based in New York and has $55 billion of assets under management, according to its website.

23andMe declined to comment.

WATCH: The rise and fall of 23andMe

The rise and fall of 23andMe

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Shares of Hims & Hers tumble 23% after FDA says semaglutide is no longer in shortage

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Shares of Hims & Hers tumble 23% after FDA says semaglutide is no longer in shortage

Hims & Hers

Shares of Hims & Hers Health tumbled more than 23% on Friday after the U.S. Food and Drug Administration announced that the shortage of semaglutide injection products has been resolved.

Semaglutide is the active ingredient in Novo Nordisk‘s blockbuster weight loss drug Wegovy and diabetes treatment Ozempic. Those medications are part of a class of drugs called GLP-1s, and demand for the treatments has exploded in recent years. As a result, digital health companies such as Hims & Hers have been prescribing compounded semaglutide as an alternative for patients who are navigating volatile supply hurdles and insurance obstacles.

Compounded drugs are custom-made alternatives to brand-name drugs designed to meet a specific patient’s needs, and compounders are allowed to produce them when brand-name treatments are in shortage. The FDA doesn’t review the safety and efficacy of compounded products.

Hims & Hers began offering compounded semaglutide to patients in May, and it owns compounding pharmacies that produce the medications.

Compounded medications are typically much cheaper than their branded counterparts. Hims & Hers sells compounded semaglutide for less than $200 per month, while Ozempic and Wegovy both cost around $1,000 per month without insurance.

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The FDA said Friday that it will start taking action against compounders for violations in the next 60 to 90 days, depending on the type of facility, in order to “avoid unnecessary disruption to patient treatment.”

“Now that the FDA has determined the drug shortage for semaglutide has been resolved, we will continue to offer access to personalized treatments as allowed by law to meet patient needs,” Hims & Hers CEO Andrew Dudum posted Friday on X. “We’re also closely monitoring potential future shortages, as Novo Nordisk stated two weeks ago that it would continue to have ‘capacity limitations’ and ‘expected continued periodic supply constraints and related drug shortage notifications.'”

Him & Hers’ weight loss offerings have been a massive hit with investors. Shares of the company climbed more than 200% last year, and the stock is already up more than 100% this year despite Friday’s move.

Even before it added compounded GLP-1s to its portfolio, the company said in its 2023 fourth-quarter earnings call that it expects its weight loss program to bring in more than $100 million in revenue by the end of 2025.

Despite the turbulent regulatory landscape, Hims & Hers has showed no signs of slowing down.

On Friday, the company announced it has acquired a U.S.-based peptide facility that will “further verticalize the company’s long-term ability to deliver personalized medications.” Hims & Hers will explore advances across metabolic optimization, recovery science, biological resistances, cognitive performance and preventative health through the acquisition, the company said.

That move comes just days after Hims & Hers also bought Trybe Labs, the New Jersey-based at-home lab testing facility. Trybe Labs will allow Hims & Hers to perform at-home blood draws and more comprehensive pretreatment testing.

Hims & Hers did not disclose the terms of either deal.

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Hims & Hers Super Bowl ad sparks controversy

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Tesla recalls more than 375,000 vehicles in U.S. due to failing power-assisted steering systems

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Tesla recalls more than 375,000 vehicles in U.S. due to failing power-assisted steering systems

Tesla models Y and 3 are displayed at a Tesla dealership in Corte Madera, California, on Dec. 20, 2024.

Justin Sullivan | Getty Images

Tesla is voluntarily recalling 376,241vehicles in the U.S. to correct an issue with failing power-assisted steering systems, according to records posted to the website of the U.S. National Highway Traffic Safety Administration.

In a safety recall report posted on the NHTSA website, Tesla said the recall includes Model 3 and Model Y vehicles that were manufactured for sale in the U.S. from Feb. 28, 2023, to October 11, 2023, and that were equipped with a certain older software release.

The records said printed circuit boards in the steering systems in affected vehicles could become overstressed, causing the power-assist steering to fail in some cases when a Tesla vehicle rolled to a stop and then accelerated.

When electronic power-assist steering systems fail in a Tesla, drivers need to exert more force to steer their cars, which can increase the risk of a collision.

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Tesla told the vehicle safety regulator that it was not aware of any crashes, injuries or deaths related to the power steering failures, and that it was offering an over-the-air software update as a remedy.

The recall follows an earlier related probe and voluntary recall in China concerning the same systems.

President Donald Trump has appointed Tesla CEO Elon Musk to lead a team that is slashing the federal government workforce, and in some cases, regulations and entire agencies. Those cuts already affected the NHTSA, an agency Musk has long seen as standing in the way of some of his ambitions at Tesla.

The regulator has been engaged in a yearslong investigation into safety defects in the systems that Tesla markets currently as its Autopilot and Full Self-Driving (Supervised) options. The features do not make Tesla cars into robotaxis. They require a human driver ready to steer or brake at any time.

The Washington Post reported on Thursday that Musk’s team has led mass firings at the NHTSA, reducing the agency’s workforce and capacity to investigate companies including Tesla by about 10%.

Tesla didn’t respond to a request for comment.

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