Legal Issues

Meta’s new commercial terms will allow the scraping of news sites, legal experts say | Nieman Journalism Lab

“This is a remarkable provision to bury in [the] terms of service, given that this would give Meta access to material that would likely cost many millions of dollars in a licensing market,” said Matt Topic, a media and intellectual property attorney at Loevy & Loevy. “It’s not clear whether a court would enforce this, but publishers should assume that it would be enforceable.”

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Missouri Supreme Court Hears Appeal of School Library ‘Expli…

The Missouri Attorney General’s Office contends that the law falls within constitutional limits, asking the judges to overturn the circuit court’s decision and allow the case to go to trial. But David Thoreson, an attorney representing the librarians, told the judges that the law sweeps much more broadly than obscenity restrictions and therefore is unconstitutional.

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Ten Stories That Shaped 2025

It’s time for our twenty-third look back at the notable library stories from the past year.

10. Tariffs Impact Interlibrary Loan

Caught up in the sweeping and haphazard tariffs enacted by the Trump administration this year was the use of international lending networks by research libraries.

9. AI Bots Ravage Library Websites

As a swarm of web crawlers seek to ingest anything and everything they can find, driven by the boom of “a vast scraping operation to build large language models (LLMs) that train generative AI programs,” many library servers found themselves under attack this year.

8. Grokpedia Forks Up Wikipedia

In October, Elon Musk launched an AI-driven encyclopedia, billed as an alternative to Wikipedia’s “propaganda.” Critics were quick to point out that Grokpedia, however, clearly shows its own bias.

Dishonorable Mention: Presidential Library Grift

Donald Trump has funneled money from multiple legal settlements, as well as an unconditional “gift” from Qatar in the form of a Boeing 747, into his presidential library fund, raising eyebrows. (see also, the Marc Rich scandal)

7. AI Guardrails Censor Library Searches

Love them or hate them, natural language searching, automated summaries, and other “artificial intelligence” features have become mainstream, even in the library vendor marketplace. One of the more curious quirks that cropped up this year, thanks to the outsourcing of chatbots which restrict information deemed harmful for liability purposes, was the observation that library discovery tools could be shown to limit certain results accordingly.

6. Whither IMLS?

In March, President Trump issued an executive order to eliminate the Institute for Museum and Library Services, a government agency that, among other things, helps fund some interlibrary loan programs. Layoffs and service cuts ensued, although a lawsuit challenging this order is currently making its way through the court system.

5. AI Lawsuits Aplenty

Several class-action lawsuits (targeting, for example, Meta, Midjourney, and Anthropic) are underway, thanks to the rampant practice of LLMs and the like obviously being trained on copyrighted materials without their owners’ permission. The insurance industry is retreating from covering such parasitic business models.

4. Political Firings

In May, shortly after a conservative group Tweeted, “The current #LibrarianOfCongress Carla Hayden is woke, anti-Trump, and promotes trans-ing kids,” Donald Trump fired the Obama-appointed Librarian of Congress. As explained by the White House Press Secretary, “There were quite concerning things that she had done at the Library of Congress in the pursuit of DEI and putting inappropriate books in the [national depository] library for children.” Trump also fired the head of the National Archives and the head of the Copyright Office this year.

Honorable Mention: The Return of Reading Rainbow

Don’t take my word for it, but in September, a reboot of the popular television series was announced. Library advocate Mychal Threets will be the new host.

3. Anti-DEI Policies Lead to Government Censorship

Throughout the year, the Trump administration has sought to remove government publications that conflict with its agenda. Victims of this campaign include topics such as STD prevention, African-American history, scientific data, race and gender studies, colonial evidence, climate change, and, last but possibly least, accessible typefaces.

2. Yet More Moral Panic Over Library Books

Challenges to library materials continued across the country this year.

1. The AI Slop Avalanche

It’s no secret that chatbots, in their attempt to mimic human conversation, simply make stuff up. As this type of AI becomes more prevalent, libraries are feeling the impact of an increase in fake citations, procedurally–generated books, and other “AI slop.” It remains to be seen if we can prevent the “enshittification” of Internet content.
What are your predictions for 2026? How will the AI bubble impact libraries?

OpenAI desperate to avoid explaining why it deleted pirated book datasets

OpenAI desperate to avoid explaining why it deleted pirated book datasets

But the authors suspect there’s more to the story than that. They noted that OpenAI appeared to flip-flop by retracting its claim that the datasets’ “non-use” was a reason for deletion, then later claiming that all reasons for deletion, including “non-use,” should be shielded under attorney-client privilege.

Copyright Winter is Coming (to Wikipedia?)

A new ruling in Authors Guild v. OpenAI has major implications for copyright law, well beyond artificial intelligence. On October 27, 2025, Judge Sidney Stein of the Southern District of New York denied OpenAI%u2019s motion to dismiss claims that ChatGPT outputs infringed the rights of authors such as George R.R. Martin and David Baldacci. The opinion suggests that short summaries of popular works of fiction are very likely infringing (unless fair use comes to the rescue).

This is a fundamental assault on the idea-expression distinction as applied to works of fiction. It places thousands of Wikipedia entries in the copyright crosshairs and suggests that any kind of summary or analysis of a work of fiction is presumptively infringing.

Copyright Office head asks Supreme Court to keep her in role

The register of copyrights at the Library of Congress defended a lower court ruling that kept her in office despite President Donald Trump%u2019s attempts to fire her in a legal filing Monday urging the Supreme Court to allow her to remain in office.

The filing on behalf of Shira Perlmutter argued that Trump cannot lawfully remove someone who is effectively an employee of the legislative branch, especially over policy disagreements over artificial intelligence issues. Last month Trump asked the Supreme Court to allow him to remove her from office after a panel of the U.S. Court of Appeals for the District of Columbia Circuit reinstated her.

Navigating State Consumer Privacy Laws and Compliance Challenges

Are You Ready for The Latest U.S. State Consumer Privacy Laws?

Nineteen states have followed the lead of California and passed consumer privacy laws. Three went into effect this year and eight will become effective in 2025. The remainder become effective in 2026. Charts at the end of this post track effective dates (see Table 1) and applicability thresholds (see Table 2). While there are many similar aspects to these laws, they also diverge from each other in material ways, creating a compliance challenge for organizations. In addition, there are other privacy laws pertaining specifically to consumer health data,[1] laws specific to children’s and minors’ personal data and not part of a comprehensive consumer privacy law,[2] AI-specific laws,[3] or laws, including part of overall consumer privacy laws, regulating data brokers[4] that enterprises need to consider.

New House bills in MI could make it harder to ban books in public and district libraries

New House bills could make it harder to ban books in public and district libraries
The bills would also limit requests to residents within a library’s service area.

“You really want to know that your city is being represented by your residents,” Paiz said. “Why should anybody from outside come in to tell you how you can get your information or what information is available to you or for you?”