"An AI developer who trains on pirated or paywalled material can’t launder infringement through the word 'training' "
"Every few months, an AI company wins a procedural round in court or secures a sympathetic sound bite about 'transformative fair use.' Within hours, the headlines declare a new doctrine of spin: the right to train AI on copyrighted works. But let’s be clear — no such right exists and probably never will. That doesn’t mean they won’t keep trying. ...
"Fair use is a case-by-case defence to copyright infringement, not a standing permission slip. ... But AI companies are trying to convert that flexible doctrine into a brand new safe harbour: a default assumption that all training is fair use unless proven otherwise. ...
That’s exactly backward. The Copyright Office’s own report makes clear that the legality of training depends on how the data was acquired and what the model does with it. A developer who trains on pirated or paywalled material like Anthropic, Meta and probably all of them to one degree or another, can’t launder infringement through the word 'training.' "
1 comment:
Right now it is the AI triangle trade which is solely responsible for the western economies not being in recession or even depression. For clear illustration, take them out of the NYSE indexes and read the result. The figures are not good. It is easy to conclude that this present happy situation isn't going to last indefinitely (and it won't). The AI triangle trade will necessarily collapse and a big recession is on the cards unless.... the Fed or the Treasury or Congress act to prevent it. They have the means, but should they do so then there will be some major deleterious effects later on. If they don't then the US is in dire trouble, potentially existential trouble. Not ideal, but this is the trap everyone is now caught within. Enjoy the calm.
The Courts, in general, are going to rule in favour of AI. If they do not then legislation will be introduced to establish a safe harbour for AI developers to continue to train as they have been. Complain all you like but when this amount of serious money is at stake no-one is allowed to oppose it for long. Any relief that may come will be after the triangle has started to fail or after it has failed. By then the whole argument will be a dead letter anyway.
AI will get cheaper and become ubiquitous, even after the triangle has fallen. The research will continue. Development will continue. For example, review what the Chinese developers are up to. They are not about to stop work. Anything and everything in the public domain is fair game to be utilised. There is no stopping the process. It is too far along. There is too much resource directed into this sector for it to be frustrated by claims of copyright.
There is a tale about a king ordering the tide to stop rising. It didn't.
Henry J
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