Earlier quoted context omitted.
No that is not an extreme interpretation of the fair use factors. This is a routinely emphasized factor in fair use analyses for both copyright and trademark. School fair use is different because that defense is written into the statute directly in 17 U.S.C. § 107. Also, § 108 provides extensive protections for libraries and archives that go beyond fair use doctrines. The idea that the schools are encouraging the stu…
> School fair use is different because that defense is written into the statute directly It's written into the statute as an example of something that would be fair use. > The idea that the schools are encouraging the students to compete with the original authors of works taught in the classroom is fanciful by the meaning that courts usually apply to competition. People go to art school primarily because they want to…
Statutory text controls what the courts can do, even and perhaps especially when it includes an example.
>People go to art school primarily because they want to create art. People study computer science primarily because they want to write code. It's their direct intention and purpose to compete with existing works.
Interesting perspective.
>So if you use Windows and then want to create Linux...
I don't understand your meaning.
>How is that logic any different than for AI training?
That is what Mark Lemley, law professor at Stanford, has argued in his many law review articles and amicus briefs: he believes that training is analogous to learning. The court here didn't agree with the Lemley view.
>It not only doesn't have any explicit requirement for a formal school (it just says "teaching"), it also isn't limited to teaching, teaching is just one of the things specified in the statute as being the kind of thing Congress intended fair use to include.
In practice courts tend to limit these exceptions to formal teaching arrangements.