Earlier quoted context omitted.
"Fair use" only applies to instances of copying / redistributing . The hint is in the name: copy -right. There's a notion, which seems to have taken off among creators who are paranoid about AI eating their livelihoods (which it might eat a chunk of) that copyright prevents people from doing anything with works they [legally] acquired other than personally read, listen, or watch it. That's not how copyright, as it ha…
Say I make a tool where you can enter the title of a book, and get the full text of the book without paying for it. I assume we all agree that would be illegal, right? Now say that instead of distributing that tool as an executable , I distributed it as a library . It would contain all the same books as the illegal executable above, but some developers would need to write an actual executable that would use the libra…
Let's assume I train a model on public domain texts only, zero copyrighted material has gone into it. Yet, technically and also practically, the model would have the ability to create illegal, copyright infringing content, given the right input. Should distribution of such a model be illegal? I think not.
Also, let's keep in mind that these models are not archives, that contain the original data verbatim. They are effectively lossy compression algorithms, that capture the essence. Some models are a few tens of GB in size, yet have been trained on TB worth of data, so clearly a significant data loss has occurred, so it's a bad analogy to your "keep a bunch of books as in a library" example.