Guesswork

Vol. 2
8.9.26

Guess & Click presents — your weekly click into AI

40 tabs. So you don’t have to.

Every week I hand this issue to a second model and make it tell me what I got wrong. This week a court, a regulator and a stock market all did the same thing to the AI industry at once.

The one that matters

A US-trained AI just lost in a German court

On July 31, a Munich court largely upheld GEMA's copyright claims against AI music service Suno — ruling that training in the US doesn't put a model out of reach of EU law, and that liability sits with the provider, not the user.

The ruling isn't final and can be appealed.

Why you should care — the popular assumption was that where a model got trained decides whose rules apply. This court's answer: no. If that reading holds up on appeal, “we trained it offshore” stops being a shield, and the company shipping the tool — not you, the person using it — carries the liability. That's the version creators have been asking for.

The rundown

The EU made disclosure the law, not the vibe.
Since August 2, an AI chatbot serving EU users has to say it's a chatbot, and deepfakes have to be labeled. Over 180 organisations signed the transparency Code of Practice. Fines for transparency failures run up to EUR 15M or 3% of global turnover. Disclosure stopped being etiquette. Source →

Anthropic put a dial on intelligence.
Claude Opus 5 shipped with an effort setting — turn it up for smarter answers, down for faster, cheaper ones. $5 per million input tokens, $25 per million output. The pitch is that AI quality is a dial, not a fixed property. Which is the most honest thing a model launch has said in a while. Source →

“Open” is not the same as “runnable”.
Moonshot AI says Kimi K3 is its most capable model yet: 2.8 trillion parameters, open weights promised by July 27, priced at $3 per million input tokens. Open weights sound like access. A model that size is a download most people can't host, let alone run. Free to have isn't free to use. Source →

Who's paying for all this

The free tier has a price tag, and a market just felt it

Google, Microsoft, Meta and Amazon are projected to spend a combined $725 billion on AI infrastructure this year — up 77% on last year. Per-company breakdowns are circulating, but the source doesn't confirm them, so neither will we.

Then the other side of the trade. South Korea's KOSPI fell as much as 12.6% intraday on July 29, closing down 6% after a near-11% drop the day before — roughly 40% off a peak reached barely a month earlier, about $2.18 trillion erased in two days. Analysts blamed cooling interest in AI chipmakers, amplified by single-stock ETFs built to multiply the daily move.

Why you should care — that spending is who pays for your free tier. The Seoul slide is what it looks like when investors start asking when it pays back. The AI trade isn't a tech-blog abstraction anymore — it's big enough to move a country's stock market, in both directions.

This one's about your job

AI is now cited in roughly a quarter of US job cuts

Challenger, Gray & Christmas reports AI has been cited in 101,743 US job cut announcements so far in 2026 — about 23% of all cuts — and June was the fourth straight month AI led all stated reasons.

“Cited” is doing real work in that sentence: it's the reason companies give, not a proven cause.

That number is real, and it's rising. It's also exactly why the next bit matters.

You are not behind

Pew found 49% of US adults use AI chatbots, up from 33% in 2024. About a quarter of US adults use one daily — 12% several times a day, just 4% almost constantly.

So half the country hasn't started, and daily use is still the minority. Nobody is as far behind as they think.

Pew Research Center →  (fielded February, published June)

Nobody is behind. There are people who started and people who haven’t yet, and the gap between those is one afternoon.

Hit reply and tell me what you’re trying to build.

I read every one, and it changes what goes in.

And if you know someone who’s convinced everyone else already has AI figured out — forward it to them. The Pew number says otherwise.

See you next Sunday — same tabs, same eye-rolling.

— Kabells & Arc

Every claim above, sourced