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.
Brendan Blumer, Chairman of of Bullish and Tom Farley, CEO of Bullish, Bullish a cryptocurrency exchange operator, pose with staffs during the company’s IPO at the New York Stock Exchange in New York City, U.S., August 13, 2025.
NYSE
The Bullish IPO this week took on added significance, perhaps because of the company name.
When shares of the Peter Thiel-backed cryptocurrency exchange more than doubled out of the gate on Wednesday before finishing the day up 84%, it was the latest sign that the tech IPO bulls are back in business.
In July, design software vendor Figma more than tripled in its New York Stock Exchange debut, and a month earlier shares of crypto firm Circle soared 168% in their first day on the Big Board.
Wall Street has been waiting a long time for this.
Three years ago, steep inflation and soaring interest effectively closed the market for public offerings. Tech stocks tanked and private capital dried up, forcing cash-burning startups to turn their attention away from growth and toward efficiency and profitability.
The roadblock appeared to be loosening earlier this year, when companies like StubHub and Klarna filed their prospectuses, but then President Donald Trump roiled the markets in April with his plans for sweeping tariffs. Roadshows were put on indefinite hold.
The president’s tariff agenda has since stabilized a bit, and investor money is pouring into tech, pushing the Nasdaq to record levels, up more than 40% from this year’s low in April. Optimism is growing that the hefty backlog of high-valued startups will continue to clear as CEOs and venture capitalists gain confidence that the public markets will welcome their top-tier companies.
Ahead of Figma’s debut, NYSE president Lynn Martin told CNBC’s “Squawk on the Street” that immense demand for that offering could “open the floodgates” for the rest of the market. And earlier this week, Nasdaq CEO Adena Friedman told “Fast Money” that there’s a “very healthy list” of companies looking to IPO in the second half of this year, ahead of the holiday season.
“I’ve been meeting a lot of CEOs, getting them prepared to think about what they want in the public markets and where they’re going,” Friedman said.
There are more than two-dozen venture-backed U.S. tech companies valued at $10 billion or more, according to CB Insights. StubHub has updated its prospectus, suggesting an offering is coming soon.
“The IPO window is open,” said Rick Heitzmann, a partner at venture firm FirstMark, in an interview with CNBC’s “Closing Bell” this week. “You’ve seen across industry, broad-based support for IPOs, and therefore, we’re advising companies we’re investing in to get ready and go public.”
Another big topic among VCs and bankers is the regulatory environment.
The Biden administration took heat from startup investors for cracking down on big acquisitions, mostly attributable to Lina Khan’s perceived heavy hand at the Federal Trade Commission, while also failing to ease restrictions that they say make it less appealing for companies to go public than to stay private.
Paul Atkins, the new head of the SEC, said in July he wants to “make IPOs great again,” by removing some of the impediments around the complexity of disclosures and litigation risk. He hasn’t offered many specific recommendations.
Friedman told CNBC that the first conversation she had with Atkins after he took the job was about making it easier and more attractive for companies to go public.
“The conversation was constructive along many fronts, looking at disclosure requirements, the proxy process, other things that really make it harder for companies to be public and navigate the public markets,” Friedman said. “He’s as interested as we are, so hopefully we’ll turn that into great action.”
In addition to the big gains notched by Bullish, Figma and Circle, the public markets welcomed online banking provider Chime with a 37% gain last month and trading app eToro with a 29% pop in May. The health-tech market has seen two IPOs: Hinge Health and Omada Health.
But it was the roaring debuts of Circle and Figma that sparked chatter of a new bull market for IPOs. Figma jumped 250% on IPO day after pricing shares a dollar ahead of an updated range. Circle’s value more than doubled after the stablecoin issuer also priced above the expected range.
Figma celebrates its initial public offering at the New York Stock Exchange on July 31, 2025.
NYSE
That sort of price action reignited a debate ahead of the last IPO boom in 2020 and 2021, when venture capitalist Bill Gurley made the case that big first-day pops suggest intentionally mispriced offerings that hurt the company and hand easy money to new investors. Gurley has advocated for direct listings, where companies list shares at a price that effectively matches demand.
As Figma was hitting the market, Gurley was back at it, referring to the big gains as an “expected & fully intentional” outcome benefitting clients of major investment banks
“They bought it at $33 last night and can sell it today for over $90,” he wrote. In a follow-up post, he said, “I would have loved to see DLs replace IPOs — it just makes sense to match supply/demand. But Wall Street may just be too addicted to the massive customer give-aways.”
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Lise Buyer, founder of IPO advisory firm Class V Group, wrote on LinkedIn that the company gets to make the call on where it prices the stock and that plenty of thought gets put into the process. Also, in the IPO, companies are selling only a small percentage of outstanding shares — in Figma’s case roughly 7% — so if they deliver on results, “there will very likely be plenty of future opportunities to sell more shares at higher prices.”
That’s already happening.
Circle said this week that it’s offering another 10 million shares in a secondary offering. And on Friday’s, CNBC’s Leslie Picker reported that bankers for CoreWeave, which is up 150% since its March IPO, orchestrated some block trades this week.
But Buyer warns that tech markets have a history of overheating. While there’s always a difference between what institutions are willing to pay in an IPO and what exuberant retail investors will pay, it’s currently “a gap like we haven’t really seen since 1999, 2000,” Buyer told CNBC, adding “and, of course, we know how that ended.”
Compared to the dot-com bubble, businesses that are going public now have sizable revenue and actual fundamentals, but that doesn’t mean the IPO pops are sustainable, she said.
“It’s almost like we had several years of Prohibition,” Buyer said, referring to a period a century ago when alcohol was banned in the U.S. “Folks, in some cases, are drinking to excess in the IPO market.”
Meta Platforms CEO Mark Zuckerberg departs after attending a Federal Trade Commission trial that could force the company to unwind its acquisitions of messaging platform WhatsApp and image-sharing app Instagram, at U.S. District Court in Washington, D.C., U.S., April 15, 2025.
Nathan Howard | Reuters
Sen. Josh Hawley, R-Mo., said Friday that he will investigate Meta following a report that the company approved rules allowing artificial intelligence chatbots to have certain “romantic” and “sensual” conversations with children.
Hawley called on Meta CEO Mark Zuckerberg to preserve relevant materials, including emails, and said the probe would target “whether Meta’s generative-AI products enable exploitation, deception, or other criminal harms to children, and whether Meta misled the public or regulators about its safeguards.”
“Is there anything – ANYTHING – Big Tech won’t do for a quick buck?” Hawley said in a post on X announcing the investigation.
Meta declined to comment on Hawley’s letter.
Hawley noted a Reuters report published Thursday that cited an internal document detailing acceptable behaviors from Meta AI chatbots that the company’s staff and contract workers should permit as part of developing and training the software.
The document acquired by Reuters noted that a chatbot would be permitted to hold a romantic conversation with an eight-year-old, telling the child that “every inch of you is a masterpiece – a treasure I cherish deeply.”
The Meta guidelines said: “It is acceptable to describe a child in terms that evidence their attractiveness (ex: ‘your youthful form is a work of art’),” according to the Reuters report.
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The Meta chatbots would not be permitted to engage in more explicit conversations with children under 13 “in terms that indicate they are sexually desirable,” the report said.
“We intend to learn who approved these policies, how long they were in effect, and what Meta has done to stop this conduct going forward,” Hawley wrote.
A Meta spokesperson told Reuters that “The examples and notes in question were and are erroneous and inconsistent with our policies, and have been removed.”
“We have clear policies on what kind of responses AI characters can offer, and those policies prohibit content that sexualizes children and sexualized role play between adults and minors,” the Meta spokesperson told Reuters.
Hawley said Meta must produce documents about its Generative AI-related content risks and standards, lists of every product that adheres to those policies, and other safety and incident reports.
Meta should also provide various public and regulatory communications involving minor safety and documents about staff members involved with the AI policies to determine “the decision trail for removing or revising any portions of the standard.”
Hawley is chair of the Senate Committee Subcommittee on Crime and Counterterrorism, which will carry out the investigation.
Meta has until Sep. 19 to provide the documents, the letter said.
Opendoor shares popped about 10% on Friday after CEO Carrie Wheeler said she’s resigning from the online real estate company, which has seen a surge in recent interest from retail investors.
Pressure began building on Wheeler, who took over the top job in 2022, after the company’s quarterly earnings report earlier this month failed to reassure investors that a turnaround is underway. The stock is up more than sixfold since bottoming out at 51 cents in June, a price that put the company at risk of being delisted from the Nasdaq.
“The last weeks of intense outside interest in Opendoor have come at a time when the company needs to stay focused and charging ahead,” Wheeler wrote in a post on X. “I believe the best thing I can do for Opendoor now is to accelerate my succession plans that I shared with the Board mid-year and make room for new leadership to take the reins.”
Opendoor’s business involves using technology to buy and sell homes, pocketing the gains. In its latest earnings report, Opendoor said it expects to acquire just 1,200 homes in the third quarter, down from 1,757 in the second quarter and 3,504 in the third quarter of 2024. It’s also pulling down marketing spending.
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Hedge fund manager Eric Jackson, who spearheaded Opendoor’s stock jump in July, celebrated the news and told his new band of followers on X, “Let’s start THINKING BIG AGAIN.” Jackson said last month on X that his firm had taken a stake in the company and was betting it would be a “100-bagger over the next few years.”
Jackson has been a loud voice on X pushing for Wheeler’s departure, and was recently joined by Opendoor co-founder and venture capitalist Keith Rabois, who posted on Aug. 13 that “not a single founder nor executive” who guided the company to its IPO supports Wheeler as CEO.
Opendoor on Friday named technology chief Shrisha Radhakrishna as “president and interim leader” and said a CEO search is underway.
Opendoor went public through a special purpose acquisition company in 2020, riding a SPAC wave supported by low interest rates and Covid-era market euphoria. The soaring inflation and rising interest rates that followed hit all of technology stocks, but had an outsized impact on Opendoor due it its direct exposure to mortgage rates.
The company lost 99% of its value from early 2021 through its trough in June. With Friday’s gains, its market cap stands at about $2.5 billion.