Breaking news

Nvidia’s $5.5B Hit: US Export Ban On AI Chips To China Shakes Global AI Race

Nvidia just took a $5.5 billion punch to the balance sheet—courtesy of the U.S. government’s latest move to tighten the leash on AI chip exports to China. The company’s most advanced processor available in the Chinese market, the H20, has now fallen under indefinite export restrictions, triggering a 6% slide in Nvidia shares in after-hours trading.

The decision, announced Tuesday, marks a major escalation in the U.S.-China tech standoff and underscores Washington’s growing concern over how AI hardware could fuel China’s supercomputing ambitions. The U.S. Commerce Department has now slapped licensing requirements not only on Nvidia’s H20, but also on AMD’s MI308 and similar chips. AMD shares dropped 7% after the news.

A Commerce Department spokesperson said the move reflects President Biden’s directive to safeguard U.S. national and economic security. Nvidia, meanwhile, confirmed the charges would cover unsold H20 inventory, outstanding purchase commitments, and related reserves.

A Workaround, Now Blocked

Nvidia had designed the H20 chip specifically to navigate around previous U.S. export limits—delivering toned-down performance but retaining high-speed interconnectivity. That design made the H20 attractive for AI inference tasks, an increasingly dominant segment of the market where models provide real-time answers rather than undergoing initial training.

Despite not being as powerful as Nvidia’s top-tier chips sold outside China, the H20 gained traction with major Chinese tech players including Tencent, Alibaba, and ByteDance. Reuters previously reported that demand surged after startups like DeepSeek ramped up development of low-cost AI models.

But that very design—optimized for high-bandwidth memory access and chip-to-chip connectivity—set off alarm bells in Washington. Analysts argue it still carries supercomputing potential, especially if deployed at scale.

“Likely In Violation”

A Washington, D.C.-based think tank, the Institute for Progress, didn’t mince words. In a statement Tuesday, it claimed that Tencent had already installed H20 chips in a facility likely used to train large AI models—potentially breaching U.S. export restrictions already in place. The group added that DeepSeek’s infrastructure, used for its latest V3 model, might also be in violation.

U.S. restrictions on chips used in supercomputing have been in effect since 2022. Now, the H20 is joining that list. Nvidia said it was formally notified on April 9 that the chip would require an export license—and on April 14, that the restriction would be indefinite. Whether the U.S. will issue any such licenses remains unclear.

A Fork In The Road

This latest move throws a wrench into Nvidia’s China strategy, just as demand in the region for generative AI tools is accelerating. It also highlights the growing friction between global innovation and geopolitical control—a tension Nvidia CEO Jensen Huang must now navigate carefully.

The setback comes one day after Nvidia unveiled plans to invest up to $500 billion into U.S.-based AI server infrastructure, working with partners like TSMC to align with American industrial policy.

Now, as Nvidia absorbs the financial blow and recalibrates, one thing is clear: the AI chip race isn’t just about performance anymore. It’s a front line in the broader battle over who controls the future of intelligent computing.

Copyright Law Struggles To Keep Up With AI Training

Courts Are Still Applying Old Copyright Rules To AI

AI companies train models on enormous amounts of published material, including books, articles and academic research. Whether using that content without authors’ permission violates copyright law remains unresolved.

Much of the debate centres on fair use, which allows copyrighted material to be used without permission in certain circumstances. Courts consider factors such as the purpose of the use, how much material was involved and its impact on the original market.

Anthropic Case Sets An Important Precedent

A major case involving Anthropic and a group of authors provided one of the clearest rulings so far. Judge William Alsup found that using copyrighted books to train AI models was lawful, comparing the process to people reading and studying literature before creating something new.

Anthropic was nevertheless ordered to pay $1.5 billion in a settlement. The penalty concerned books the company had obtained from illegal online libraries rather than the AI training itself.

For AI companies, that distinction could prove significant because it separates studying copyrighted material from directly copying it.

Competition Could Be The Key Issue

A case involving Thomson Reuters and Ross Intelligence offers a different perspective. A court ruled that Ross could not claim fair use after using Reuters’ copyrighted material to develop a competing AI-powered legal research platform.

The decision suggests courts may be less willing to consider AI training fair use when copyrighted content is used to build a product that directly competes with the original.

For authors, an unresolved question is whether AI-generated content should be considered competition for the works used to train these models.

The Law Has Yet To Catch Up

US copyright law predates generative AI by decades, leaving courts to apply old principles to new technology. Questions also remain over copyright protection for AI-generated works. In Thaler v. Perlmutter, a court ruled that material created entirely by AI cannot receive copyright protection.

Major AI companies remain involved in copyright litigation, and different courts could reach different conclusions. For now, there is no universal rule: the legality of AI training will depend on the circumstances of each case and how courts ultimately interpret copyright and fair use.

eCredo
The Future Forbes Realty Global Properties
Uol
Aretilaw firm

Become a Speaker

Become a Speaker

Become a Partner

Subscribe for our weekly newsletter