Judge approves $1.5B Anthropic settlement for pirated books used to train Claude

So will you owe life long compensation for all the knowledge you got from books too? How about all the pirated books, music, movies, etc you consumed? When will you set up a life long payment plan to corporations that own these rights, because I have a bridge to sell you if you think any of this settlement will go to any of the people who created anything.

I’m guessing you have some kind of imagined idea of some small author being compensated handsomely for his book and all future earnings that could have come from it. Reality though is that between the attorneys that will run away with some high triple digit millions and the corporations that own the rights to the subject works, there will be measly “checks” for any actual person that created anything, i.e., an artist or author.

In an odd way, this whole case is really just “capitalism” cannibalizing itself, i.e., publishers greedily and also in a terrified manner trying to steal away as much capital from the technological shift to AI as possible in order to either create a buffer or fund their transformation to adapt to what AI means to the very nature of writing itself, let alone publishing.

I suspect human writing could survive, but I don’t see any room for publishers.

I've read through the order again. I can't find anywhere where Alsup says the destruction was required.

He cites three cases where a conversion from one format to another (without destruction of the previous version) was ruled to be fair use. Including scanning books with the google books case. (And referenced the Napster case, where a similar argument was rejected)

Then made the following comparison.

"Here, every purchased print copy was copied in order to save storage space and to enable searchability as a digital copy. The print original was destroyed. One replaced the other. And, there is no evidence that the new, digital copy was shown, shared, or sold outside the company. This use was even more clearly transformative than those in Texaco, Google, and Sony Betamax (where the number of copies went up by at least one), and, of course, more transformative than those uses rejected in Napster (where the number went up by “millions” of copies shared for free with others)."

So it wasn't transformative because of the destruction. The destruction only made it "even more clearly transformative" than those other cases.

Like, how can destruction be required if there were previous cases where it wasn't?

The key legal point is not that Anthropic destroyed the books, but the key fact was that Anthropic didn't distribute the scanned copies. Alsup keeps returning to this point:

"But what matters most is whether the format change exploits anything the Copyright Act reserves to the copyright owner. Anthropic already had purchased permanent library copies (print ones). It did not create new copies to share or sell outside"

"But again, the replacement copy here was kept in the central library, not distributed"

The conclusion of that section doesn't even mention the destruction at all.

arstechnica isn't exactly wrong, the quote also mentioned "and kept the digital files internally rather than distributing them". It just put way too much emphasis on the destruction, and not enough on the lack of distribution.

The other thing that arstechnica are missing:

Antropic didn't destroy the books because they thought it would strengthen their legal argument. They destroyed the because it's a lot cheaper and faster to scan books by ripping off their bindings and feeding the stacks of loose pages into a document scanner.

Yet countless families, including old folks were ruined during untold numbers of RIAA suits because "converting to save space" is not a permissable use.

They used to go around destroying lives by the thousands after Napster was creating because of the invalidity of that argument.

It is a crime to make a CD of your MP3s and vice versa, and you cannot convert your VHS to DVD.

A billionaire does it at scale, well then saving space via format conversion is a grand, while the peons still can see their lives destroyed but with it hidden via the CCB secret panel. Two tier American Justice on full display. Bankrupty and seizure or worse for thee and billions for he. Format conversion legalized only for oligarchs, and of course, no appeal so it will only be a binding precedent on that one rich guy and nobody else. Tribe on both sides, keeping special rights for themselves that are illegal for everybody else.

I'm curious to see how Suno and the Record Labels is gonna play out

This. Copyright is a flawed system. There can be alternatives that allow more than 1 player to play and not create monopolies.

For example. I invent a new method of power washing. I start a power washing business using new tech. I file the tech for patent and copyright-equivalent use. This is then made available to other power wash companies that wish to use the tech and be certified in it so long as a small portion of their revenue goes back to the inventor for a set amount per volume, or something similar of a metric that has a cutoff after a point.

This will breed new industries, create new jobs, introduce new innovations, and allow the markets to move on from being strangled by one giant corporation.