Earlier quoted context omitted.
> on the other hand the complete dismissal of copyright by AI labs Courts keep ruling over and over that an LLM trained on copyrighted works qualifies as a transformative work and is therefore fair use. They don't have to dismiss copyright law, this has always been allowed. The only thing they get in trouble for is pirating the works to get their hands on them.
"Keep ruling over and over" is way too strong. There have maybe been two rulings, nothing nationally binding, and most of the litigation is still ongoing. In particular, last I checked OpenAI and Microsoft are still badly threatened by the NYT lawsuit: https://law.justia.com/cases/federal/district-courts/new-yor... https://www.cnet.com/tech/services-and-software/publishers-o... This will have to wait for the Supreme…
yep
https://www.britishcopyright.org/wp-content/uploads/BCC-Fair...
> This ambiguity has resulted in extensive litigation on the limits of Fair Use to AI development. Currently, we only have 3 first instance decisions out of the 53 cases being tried. It will likely take a decade before we understand how Fair Use applies to any one step in AI training, let alone all.
> In the three lower court decisions so far, one held Fair Use did not apply (Thomson v Ross), one held Fair Use could apply (Kadrey v Meta) with the court suggesting more evidence was needed on the fourth factor ‘harm to the market’, and the third case held Fair Use may apply to some AI. As Fair Use is dependent on the specific facts at issue, none of these cases help educate the market or the public as to the limits of Fair Use in AI contexts.