Santa Barbara Current : Legal Perspective

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Meet The (Well-Paid) Do-Nothing Candidates

Thu, 27 Aug 2026 13:30:42 GMT

As we approach the mid-term election – so named because it is held midway between presidential elections – California voters get to choose whether they wish to vote for candidates who do “nothing.”

Perhaps the most legendary example is Vice President Kamala Harris’s approach to the border problem: do nothing.

Consider the group from the Sacramento-San Francisco area who did “nothing” in response to San Francisco’s “GIFT” program in 2022: the Speaker of the House Nancy Pelosi, Governor Gavin Newsom, Senators Dianne Feinstein and Alex Padilla, Congressman Eric Swalwell, California Attorney General Rob Bonta and his wife Mia Bonta (currently occupying her husband’s former position in the California State Assembly), and California State Senator Scott Wiener.

The current Democrat candidate for governor Xavier Becerra, as the Secretary of U.S. Department of Health and Human Services had the duty and power to stop the GIFT program: but did nothing.

The GIFT Program

In June, 2018, San Franciscans elected London Breed as their mayor. Breed’s biography indicates she served an internship under Willie Brown before being elected as the first Black woman mayor of San Francisco.

In 2022, during Governor Gavin Newsom’s COVID restrictions that reduced the opportunity for many residents to earn a living, Mayor Breed guided the San Francisco City Council to enact the Guaranteed Income for Transgender People (GIFT) pilot program, designed to provide unrestricted cash payments paired with healthcare and support services to a highly specific demographic.

G.I.F.T. | Guaranteed Income for Transgender People | San Francisco

GIFT is a financial assistance program for low-income Transgender, Non-Binary, Gender Non-Conforming, and Intersex.

Core Eligibility Criteria

Applicants had to identify as transgender, non-binary, gender non-conforming, or intersex (TGI).
The individual’s income could not exceed $600 per month.
Must be a resident of the City and County of San Francisco.
Must be at least 18 years old.
Open to all qualifying residents, explicitly including undocumented individuals.

Enrollment Priorities & Enrollment Cap

The pilot program was restricted to a cohort of 55 participants.
The application process prioritized individuals who were Black, Indigenous, or People of Color (BIPOC). It also gave weight to those experiencing homelessness, living with chronic illness or disabilities, youth and elders, monolingual Spanish speakers, and those who were legally vulnerable (such as formerly incarcerated individuals or sex workers).

Financial Assistance

$1,200 per month in unrestricted cash.
Provided for up to 18 months (originally scheduled from January 2023 to June 2024).
Reloadable Visa debit cards issued monthly.
Participants did not have to report or justify their spending.

Wrap-Around Care Services

Program participants were granted access to gender-affirming medical and mental healthcare, holistic case management, and tailored financial coaching provided by Lyon-Martin Community Health Services and The Transgender District.

Mandatory Requirements

To remain in the program, recipients were required to complete an evaluation survey every three months to help researchers study the impact of guaranteed income.

The Law

The GIFT program not only expressly discriminated based on race, creed, national origin, gender, and sexual preference, but also created a form of discrimination among transgenders by giving preference to Black and Latino men who identified as women over other races of men and over all women who identify as men.

This was occurring in the home town of many of the Democrat office holders.

Did anyone try to stop it?

In January 2024, Judicial Watch, labeled a “right-wing watchdog,” on behalf of taxpayers Michael Phillips, Paul Wildes, and Reed Sandburg, filed the lawsuit Phillips v Breed against Mayor London Breed, Treasurer Jose Cisneros, and City Administrator Carmen Chu.

The suit argued that the program unconstitutionally distributed taxpayer funds by prioritizing participants based on race, sex, and transgender status, violating equal protection provisions under the California Constitution.

Even though all the funds had been spent by January 2024, the city did not terminate GIFT (appropriately named), which meant they retained the option of refunding it at a future time.

Judicial Watch continued its efforts to terminate the program.

After a year of fighting Judicial Watch’s attempts to shut it down, after the 2024 presidential election, Donald Trump was sworn in as president and Harris and Becerra were no longer in office, the Board of Supervisors of the City and County of San Francisco voted 7-3 to authorize a settlement.

The Settlement

—San Franciscan agreed to discontinue its GIFT program, to not create a new guaranteed income program with the same eligibility criteria, and to pay $3,250 attorneys’ fees and costs.

Notice San Francisco did not agree not to create similar programs with slightly different eligibility criteria.

Subsequently

San Francisco voted for a new mayor and the Democrats took care of the named defendants in the lawsuit.

—London Breed is active in Democrat speaking engagements while the FBI investigates allegations concerning a past appointment to the Board of Supervisors,

—Jose Cisneros continues as the treasurer for the City and County of San Francisco, where he serves as the city’s banker and chief investment officer,

—Carmen Chu was sworn in for her second term as City Administrator overseeing 25-27 departments and also serves as a Regent of the University of California.

The Democrats who did nothing to stop the harm thrust on citizens by the GIFT program remain in office.

That is, other than Xavier Becerra who, after being removed from office by the Trump presidency, became the Democrat nominee for governor of California.

The Future

Will San Francisco, or some other town, create another program that abuses so many of its residents?

Are there, or will there be, similar programs elsewhere in California?

The GIFT program demonstrates the importance of having a governor who will take the actions necessary to protect Californians.

Don’t give Xavier Becerra the opportunity to continue to do nothing.

Vote for Steve Hilton for Governor.

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Hide! Nick Shirley is Here!

Wed, 29 Jul 2026 11:30:48 GMT

Did the mere announcement that Nick Shirley was going to testify at a U.S. Senate hearing cause Democrat senators to “hide” rather than attend a committee hearing on July 17, 2026?

What was the committee?

The U.S. Senate Homeland Security and Governmental Affairs Committee, whose core responsibilities and duties include:

DHS Oversight: Managing legislation and oversight for the Department of Homeland Security. This excludes issues like the Coast Guard, the TSA, and immigration, which are handled by other committees.
Government Operations: Studying how to make all federal agencies run better and more efficiently.
Civil Service: Overseeing the federal workforce, including government employee benefits, pay, and rules.
Federal Postal Service: Managing rules and operations for the United States Postal Service.
National Archives: Overseeing the National Archives and Records Administration.
The Census: Supervising the taking of the decennial U.S. Census and the collection of other federal statistics.
Investigations: Acting as a major investigative body for the Senate, including the power to issue subpoenas.

The Senate Hearing

“Exposing Fraud in America” was the focus of the hearing scheduled by Senator Rand Paul (R, Ky).

All the Republican committee members, which included Ron Johnson (WI), James Lankford (OK), Rick Scott (FL), Josh Hawley (MO), Bernie Moreno (OH), Joni Ernst (IA), and Ashley Moody (FL) attended.

Sen. Gary Peters (D-MI) ranking Democrat on the committee, left after the hearing’s opening statements and just after asking a handful of questions.

None of the other Democrat members on the committee, which included John Fetterman (PA), Maggie Hassan (NH), Richard Blumenthal (CT), Ruben Gallego (AZ), Andy Kim (NJ), and Elissa Slotkin (MI), attended any part of the hearing.

Were they “hiding?”

From what or whom?

Making America Healthy Again

Mon, 13 Jul 2026 13:30:37 GMT

Agriculture Secretary Brooke Rollins approved the request from Tennessee, West Virginia, Colorado, Iowa, and Nebraska, for a pilot program to study the potential health benefits of prohibiting the use of SNAP funds for the purchase of sugar-based foods as part of the Make America Healthy Again project.

Almost immediately – after virtually any Trump admin…

Sign Flashers in Santa Barbara

Wed, 24 Jun 2026 13:31:18 GMT

The enthusiasm of those lining the curbs at the corner of Hitchcock and State Streets in Santa Barbara flashing signs at passing vehicles was impressive.

Watching them I wondered “What are the messages these ‘sign flashers’ are trying to convey with placards such as ‘Fund USAID’?

USAID?

USAID, which stands for the United States Aid for International Develo…

The Graduate

Thu, 18 Jun 2026 13:31:25 GMT

Commencement Ceremonies

“We have a ticket for you for the Santa Barbara High School (SBHS) graduation ceremony on June 10th” stirred mixed emotions.

Of course I wanted to see my granddaughter Aly graduate from SBHS.

And also of course, I did not want to sit in the “backless” bleachers for hours watching students that I had not met, nor would ever meet.

However, my visions of the pride that I felt in receiving my diploma from Collingswood High School (CHS) turned the tide in favor of sitting the two hours for Aly, and the other soon to be graduates, would have the opportunity to experience the same pride of accomplishment.

The Ceremony Commences

“Commencement” primarily means a beginning, start, or the point at which something is launched. The term derives from the verb “commence” and is also formally used to describe academic graduation ceremonies and the official start dates of legal or business contracts.

A commencement ceremony is an academic event celebrating the completion of a degree program. It marks the symbolic start of a graduate’s new career or next phase of life.

Commencement ceremonies are traditionally held in late May or June; i.e., this is the commencement season.

Students completing their degree requirements prior to the “commencement season” typically have to wait for the ceremony, as I did after completing the requirements for a B.A. at The University of North Carolina.

Attire

The tradition of caps and gowns originated in medieval Europe during the 12th and 13th centuries. The long robes and hoods were modeled after clerical dress.

The square academic cap evolved from the Catholic “biretta.” It was dubbed the “mortarboard” because it resembles the flat boards bricklayers use to hold mortar.

In the 1890s American universities adopted the Intercollegiate Code to standardized the colors and patterns of gowns based on the wearer’s degree level and field of study.

Processional

Commencement ceremonies typically begin with a processional of those who are going to receive diplomas/degrees as happened at SBHS with the “Class of 2026 Processional.” The band played “Santa Barbara Hail to Thee!” by Doris Holt ’44.

Memories of taking that walk flashed before me, although my memory included the pain of limping through our processional to our seats in the football field.

Why was I limping?

Earlier that day after spraining my ankle playing basketball, I rushed home and soaked it in hot water. Later – while trying to jam my foot into a shoe and walk – I learned the foolishness of using hot water instead of ice.

As the program at SBHS continued so did my almost being able to feel my ankle throbbing while thinking that this was the last time all of us would be together as part of the same community of students.

Commencement speakers

The speakers typically praise the students for their achievements in completing the requirements for a diploma.

At the SBHS ceremony as the class president and several other students gave their perspective on the achievements of those receiving diplomas, I thought of my parents.

My father was so proud to have skipped a grade in order to be the first Zepke to graduate from a U.S. high school, CHS, that I was proud to graduate from 32 years later.

My mother had to skip two grades to graduate from Woodrow Wilson High at age 15.

My parents gave up their hopes for college in order to help support their parents during the Great Depression.

My generation graduated into the Vietnam War.

My children’s generation graduated into a country and world benefiting from the Reagan presidency.

My grandchildren’s generation are graduating into a country and world benefiting from the Trump presidency.

Acceptance of Diploma, Changing of the Tassels

For high schools, such as SBHS, the tassel is traditionally worn on the right side of the cap but is flipped to the left side after graduates receive their diplomas.

Subsequently

The commencement ceremonies represent an achievement by the graduates and the opportunity to commence their participation in the greatest country in the history of the world.

The ceremony created permanent memories for the graduates, families, friends and teachers.

For example, at our 50th reunion my classmate and friend Norm Dahl gave me the newspaper clipping from our graduation night that announced my scholarship. Much to my surprise my teacher of chemistry and physics, Dr. Simmons, related some very complimentary things about me to his wife.

It was my pleasure to join all those happy faces at Santa Barbara High commencement ceremony both on the graduation field and in the stands who were creating their own sets of memories for the next 50 years, and beyond.

To the graduates of all schools, I offer the words of my mother on my graduation night “An education is something no one can take from you.”

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Universal Non-Delivery of Oral Campaign Promises

Tue, 02 Jun 2026 13:31:56 GMT

Debates among candidates for political office, like the ones among the top eight of 61 candidates on the ballot for the governorship of California, provide an opportunity for candidates to orally express why we should vote for them.

There is an old lawyer joke that “oral promises are not worth the paper they are printed on.”

While oral promises are a necessary part of every campaign, have you ever wondered how much better our lives would be if those previously elected had actually delivered on their oral campaign promises?

In order to be a conscience voter, I have developed a simple method for categorizing campaign messages:

Those not yet in office must include some indication from their past as to why they may be able to deliver on the promises.

Incumbents – besides promises for future performances – must include how they have performed on their previous campaign promises.

Candidates running for an office that they have never held, such as Xavier Becerra running for governor, should include their experiences in other public positions.

However, Xavier Becerra’s campaign debate theme of “Stop Trump” is meaningless except as a method of detracting voters from considering his record, which includes:

U.S. House of Representatives: Elected to Congress in 1992, where he served for 12 terms where he helped craft and pass the Affordable Care Act that, if it was really “affordable,” there would not still be all the efforts to fix its failures to provide “care.”

California Attorney General: Becerra was appointed by then-Governor Jerry Brown in 2017, he was known for frequently challenging the Trump administration’s efforts to control immigration and its associated costs, manage the costs of environmental regulations, and manage the cost of healthcare.

Hmm, do those issues still dominating California campaigns much more than they are in other states indicate a failure of his efforts as California AG?

Biden Administration: Becerra served in President Joe Biden‘s cabinet as the Secretary of the U.S. Department of Health and Human Services (HHS).

Becerra’s Core Responsibilities & Services as Secretary of HHS:

Healthcare Coverage: Manages public health insurance programs, including Medicare for seniors and Medicaid for low-income individuals.

The Medicaid fraud that occurred during his tenure is just beginning to be uncovered in Minnesota, Maine, and in Los Angeles where 800 hospices were being unjustly compensated for not performing any services or, for that matter, even having a facility.

Where were the audits under Becerra’s term?

Public Health & Safety: Becerra was responsible for overseeing the Federal Drug administration (FDA) to ensure the safety of food, drugs, and medical devices, and the Centers for Disease Control (CDC) to prevent and control infectious diseases.

Was the reason that neither the FDA nor the CDC approved the use of medications like Ivermectin and Hydroxychloroquine for COVID – despite their being successfully used by various physicians in Florida – because they were championed by the Republican Governor Ron DeSantis?

Medical Research: Funds groundbreaking biomedical and public health research primarily through the National Institutes of Health (NIH).

Becerra did not investigate the involvement of the Director of the National Institute of Allergy and Infectious Diseases (NIAID), Dr. Anthony Fauci, trying to hide his role in funding the Wuhan Lab that created COVID and his receiving hundreds of thousands of dollars from companies he was responsible for regulating..

Mental Health & Substance Use: The Substance Abuse and Mental Health Services Administration. (SAMHSA) is a federal agency within the U.S. Department of Health and Human Services (HHS). SAMHSA leads public health efforts to advance the nation’s behavioral health, reducing the impact of substance abuse, and mental disorders, by providing multi-million dollar block grants to state/local governments, nonprofits and tribes.

Unfortunately the DOGE group uncovered the lack of controlling how the grants were spent.

Conclusion

Whenever a candidate, such as Becerra, fails to campaign on his record in public office the reason is never that it was a successful record.

Why vote for a proven non-performer?

Give another candidate the opportunity to deliver.

The same advice could be given, of course, to voters deciding whether to vote for challenger Spencer Pratt or incumbent Karen Bass in the Los Angeles Mayor’s race.

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TODAY! TUESDAY, JUNE 2, 2026

SBCurrent’s Primary Endorsements Here.

California’s Would-be Governors Debate

Thu, 14 May 2026 13:31:05 GMT

There are debates being held to assist voters in deciding who to vote for in the June 2 primary where the two candidates receiving the most votes for governor will be placed on the ballot for the November election.

One such debate, held on April 28, 2026 at Pomona College, provides examples of the philosophies of eight candidates.

The Moderators

—Pat Harvey, CBS Los Angeles anchor

—Tony Lopez, CBS Sacramento anchor

—Ryan Yamamoto, CBS Bay Area anchor

—Julie Watts, CBS News California Investigative correspondent

—Sara Sadhwani, Pomona College political science professor.

The Democrat Candidates

—Katie Porter: Former U.S. Representative (9%).

—Matt Mahan: San Jose Mayor (4%).

—Tom Steyer: Billionaire and environmental activist (15%).

—Xavier Becerra: Former U.S. Health and Human Services Secretary (13%).

—Tony Thurmond: State Schools Superintendent (1%).

—Antonio Villaraigosa: Former Los Angeles Mayor (4%).

The Republicans Candidates

—Chad Bianco: Riverside County Sheriff (10%).

—Steve Hilton: Conservative commentator and former Fox News commentator (16%).

(The percentages after each name reflects the percentage of voters for each candidate according to a CBS poll taken after the democrats leading candidate Eric Swalwell withdrew from the governor’s race and congress after numerous allegations of malfeasance including allegations of sexual misconduct. An estimated 26% of voters were undecided.)

The format prohibited candidates from making opening or closing statements; the only topics covered were those raised by the moderators.

In the 90-minute program candidates were limited to 45 seconds; in-depth answers were not possible.

Background

California is consistently ranked as the least affordable state in the U.S. (ranking 50th), driven by the nation’s highest housing costs—with home prices over twice the national average—and exceptionally high transportation costs. While some rankings place it 3rd or 4th in overall cost of living, it is rarely above 47th for affordability (US News and World Report).

A CBS News poll released April 27 indicated that many voters say the state’s cost of living has become unmanageable. Democrats polled were largely looking for candidates aligned with current state policies and opposed to President Trump. Republicans largely prioritize change, with 76% saying the state’s economy is in bad shape.

The last time Republicans held the majority in both houses of the California legislature was 1970.

The last time California had a Republican governor was 2011.

The Debate

The Democrat candidates generally blamed the issues facing Californians on: “greedy” corporations and President Donald Trump.

Republicans pointed to the state’s long-standing Democrat leadership as the problem.

Highlights

—Affordability, Hilton vowed to make the state “Califordable,” by cutting the cost of utilities and making home-buying accessible to young people. Bianco said the progressive agenda is “destroying California” and as governor he would work to carry out the mandate of the voters.

—Healthcare, Becerra, who worked on the Affordable Care Act, said the first thing he would do is “stop Donald Trump.” His complaint was that Trump did not support the ever increasing charges to taxpayers that were necessary to continue the euphemistically named “Affordable Care Act.”

“Stop Trump” became the primary theme of the Democrats rather than changing their policies.

—Housing, Thurmond said to promote the “American Dream” he’d work to provide down-payment assistance and build two million housing units on surplus school properties.

Villaraigosa suggested a $25 billion first-time buyer assistance program “at no cost to taxpayers.”

Pennies from heaven?

Porter said California has to “build faster” without mentioning the example of the regulatory nightmare constructed by her party that is playing out in the Pacific Palisades.

—Gas prices, which Tom Steyer blamed on President Trump and the war with Iran. His solution would be for California to outsource all its refining to other states or other countries.

He was not asked how adding all the additional shipping costs would lower the price of gas in California, or about the war being temporary while the additional $1.50-1.70 California taxes that are permanent, or about California’s new law that has already driven up the price of gas by causing 3 of the 9 refineries in California to close.

—Insurance rates for homeowners, which Becerra promised to freeze despite moderator Julie Watts reminding him that the California Supreme Court had already said that was unconstitutional.

Porter called California’s FAIR Plan, that makes coverage available to residents who are unable to find policies, a “huge financial liability” and the state should insure the insurers so they can return and write more affordable polices.

Once again a proposal for taxpayers to pay more after Democrat polices caused the problems.

—Education, Villaraigosa called college tuition “unacceptable” and that his approach as mayor in working with L.A. Unified School District while mayor reflects how he would handle the situation.

There were no follow-up questions about why Democrat policies have caused California to rank 43rd in achievement in levels K-12 or why illegals are given free tuition at colleges.

Porter suggested two years of free tuition at state universities.

Not free to taxpayers.

—Time was spent on a series of relatively trivial issues, including:

—Charging fees on zero emission vehicles.

—Truck drivers being able to read English which is supported by the Trump administrated but opposed by Democrats in California.

—Whether young children should be barred from using social media without mentioning how this might be enforced.

Republicans largely prioritize change with 76% saying the state’s economy is in bad shape.

Conclusion

States such as Florida and Texas are flourishing, so the problem is not Trump: it is the party that has been running California.

Vote for Change: What do you have to lose (that you haven’t lost already)?

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AI and Copyrights to Audio Works

Sat, 02 May 2026 13:31:27 GMT

Artificial intelligence – AI – uses computers to create systems that tend to “disrupt” the existing copyrights of the creators of the written, visual, or audio works.

The threat to written works was discussed in my article “AI and Copyrighted Written Works,” SBCurrent March 24, 2026.

The threat to visual works was discussed in my article “AI and Copyright…

AI and Copyrighted Visual Works

Fri, 17 Apr 2026 13:31:35 GMT

AI, or Artificial intelligence, is a new technology that uses computers to create systems capable of performing tasks typically requiring human intelligence.

New technologies tend to be “disruptors” by permitting the users of computers to “disrupt” the existing rights of the creators of the written, visual or audio works.

The threat of AI disrupting the r…

The Democrats’ Real Constituency

Thu, 09 Apr 2026 13:31:37 GMT

In February 2026, Congressman Salud Carbajal (D, CA) along with 213 of his Democrat congressional colleagues voted to not fully fund the U.S. Department of Homeland Security (DHS).

Fortunately, the 217 Congressional Republicans voted to fully fund the DHS, and the bill went to the Senate.

In March 2026, Senators Adam Schiff (D, CA) and Alex Padilla (D, CA…

AI and Copyrighted Written Words

Tue, 24 Mar 2026 13:31:29 GMT

Artificial Intelligence, or just “AI,” is a new technology. New technologies tend to be “disruptors” by increasing the powers of the users to “disrupt” the existing rights of others. Lawyers and sometimes courts of law must apply existing laws in order to try and balance the rights of both of those groups.

This Occurred in the 1990s

In the 1990s, the new technology of personal computers provided employees with the power to electronically carry their employer’s intellectual property off the employer’s facility.

This disrupted the effectiveness of employers protecting their proprietary information by inspecting the belongings, such as briefcases and vehicles, of employees before they exited the employer’s facilities.

For example, when asked about the risks of permitting an accountant to work from home, I responded that it was permitting the employee to electronically remove the employer’s proprietary information by sending it off site to their personal computer which may not be as secure as the corporate system that deflected hundreds of attempts by hackers every week.

Today

The new technology Is AI, a branch of computer science that creates systems capable of performing tasks typically requiring human intelligence, such as reasoning, learning, problem-solving, perception, and interpreting input from cameras.

In essence, Ai functions by analyzing the data fed into it in order to identify patterns. In many cases, if not all, the data fed into includes some data that others have copyrighted.

The challenges to the legal system is to find the proper balance between AI being able to use the data without “disrupting” the rights provided authors by copyrights.

Legal Cases

In August 2024, authors Andrea Bartz, Charles Graeber, and Kirk Wallace Johnson filed a class action law suit against AI developer Anthropic alleging that AI developer Anthropic’s unauthorized use of books to train LLMs violated their copyrights.

In 2025 Judge Willaim Alsup, appointed by President Bill Clinton, in Bartz v Anthropic, N. D. Cal 2025, held that the digitization of purchased works was permitted under the “fair use” exception under the Copyright Act.

However, Judge Alsup also certified a class of rights holders whose books were obtained from pirated sources like LibGen (Library Genesis) and PiLiMi (Pirate Library Mirror).

As frequently happens, after a class was certified, Anthropic proposed a $1.5 billion class-action settlement covering approximately 500,000 works.

If this settlement is approved by the courts, it will be two things:

1) One of the largest in copyright history and

2) Provide significant, yet nuanced, guidance for AI companies, confirming that while training on data purchased is often permitted under the fair use doctrine, this may not be true for data from pirated works.

In Kadrey v Meta Platforms, N.D. Cal. 2025, 13 authors filed a class action lawsuit against Meta for downloading their copyrighted books to train its “llama” LLM.

An “LLM” is a “large language model” AI that developers “train” by “feeding” them an immense amount of text which the models use to recognize patterns and analyze the statistical relationship among words and punctuation marks. LLMs then generate new texts by predicting which words are most likely to come next in sequence.

Note: Under the theory of “garbage in, garbage out,” “trainers” can influence the outcomes by the types of text they “feed” to the LLMs. This may be particularly relevant for political issues.

Federal Judge Vince Chhabria, appointed by President Barack Obama, granted summary judgement for Meta by holding that Llama’s use qualified for the “Fair Use” exception to the Copyright Act as it was “transformative,” meaning it was used for scholarship or research.

In the Kadrey case, Judge Chhabria granted summary judgement in favor of Meta based on the plaintiff-authors failing to produce sufficient evidence of the effects of similar works produced by an LLM.

Judge Chhabria either advertently or inadvertently created two problems with his holding:

1) Trying to produce “sufficient evidence of the effects of similar works produced by an LLM” would require introducing evidence of another case that may well be prohibited under federal law, and

2) There are no similar works, as all copyrighted works are unique.

Conclusion

The legal rights of the AI users and the holders of copyrights will continue to develop based on how various judges view particular sets of facts.