The ruling said the authors could have pitched a winning argument — that by training AI with copyrighted works, tech firms are creating competition in the marketplace.

The USCO agreed that the work was generated by an AI model that Thaler calls the Creativity Machine. He claimed that the USCO's "human authorship" requirement was unconstitutional. However, Howell indicated that Thaler's case wasn't an especially complex one, since he admitted that he wasn't involved in the creation of A Recent Entrance to Paradise. "In the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the [Federal] Register: No," Howell ruled. Thaler plans to appeal the decision.

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Facebook has to face a class action lawsuit over claims that it was using facial recognition on people's photos without their permission. The decision brings yet more troubles to Facebook as it deals with a range of privacy and data abuse scandals. The problems have been mounting for weeks, ever since it became clear that the platform had been giving up users' data to developers without them necessarily knowing. That has led to a range of new scrutiny, including people realising that Facebook appears to be tracking their phone calls and who they message. Now, in another blow, US District Judge James Donato has given the go-ahead for a major lawsuit over the way the sites' facial recognition tools work.