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Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

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Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#251

If AI companies are allowed to use pirated material to create their products, does it mean that everyone can use pirated software to create products? Where is the line? Also please don't use word "learning", use "creating software using copyrighted materials". Also let's think together how can we prevent AI companies from using our work using technical measures if the law doesn't work?

~1B USD in cash is the line where laws apply very differently

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#252

Here is how individuals are treated for massive copyright infringement: https://investors.autodesk.com/news-releases/news-release-de...

> illegally copying and selling pirated software This is very different to what Anthropic did. Nobody was buying copies of books from Anthropic instead of the copyright holder.

At the very least, they should have purchased the originals once

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#253

Earlier quoted context omitted.

Peterson was copying and selling pirated software. Come up with a better comparison.

Anthropic is selling a service that incorporates these pirated works.

That a service incorporating the authors' works exists is not at issue. The plaintiffs' claims are, as summarized by Alsup:

  First, Authors argue that using works to train Claude’s underlying LLMs 
  was like using works to train any person to read and write, so Authors 
  should be able to exclude Anthropic from this use (Opp. 16). 

  Second, to that last point, Authors further argue that the training was 
  intended to memorize their works’ creative elements — not just their 
  works’ non-protectable ones (Opp. 17).

  Third, Authors next argue that computers nonetheless should not be 
  allowed to do what people do. 
https://media.npr.org/assets/artslife/arts/2025/order.pdf

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#254

Anyone read the 2006 sci-fi book Rainbow's End that has this? It was set in 2025.

I was 100% thinking this. GREAT book. And they, too, shredded books to ingest them into the digital library! I don't recall if it was an attempt to bypass copyright though; in Rainbow's End, it was more technical, as it was easier to shred, scan the pieces, and reassemble them in software, rather than scanning each page.

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#255
> "Like any reader aspiring to be a writer, Anthropic's LLMs trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different," he wrote.

But this analogy seems wrong. First, LLM is not a human and cannot "learn" or "train" - only human can do it. And LLM developers are not aspiring to become writers and do not learn anything, they just want to profit by making software using copyrighted material. Also people do not read millions of books to become a writer.

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#256

Earlier quoted context omitted.

You skipped quotes about the other important side: > But Alsup drew a firm line when it came to piracy. > "Anthropic had no entitlement to use pirated copies for its central library," Alsup wrote. "Creating a permanent, general-purpose library was not itself a fair use excusing Anthropic's piracy." That is, he ruled that - buying, physically cutting up, physically digitizing books, and using them for training is fair…

So all they have to do is go and buy a copy of each book they pirated. They will have ceased and desisted.

> So all they have to do is go and buy a copy of each book they pirated.

No, that doesn't undo the infringement. At most, that would mitigate actual damages, but actual damages aren't likely to be important, given that statutory damages are an alternative and are likely to dwarf actual damages. (It may also figure into how the court assigns statutory damages within the very large range available for those, but that range does not go down to $0.)

> They will have ceased and desisted.

"Cease and desist" is just to stop incurring additional liability. (A potential plaintiff may accept that as sufficient to not sue if a request is made and the potential defendant complies, because litigation is uncertain and expensive. But "cease and desist" doesn't undo wrongs and neutralize liability when they've already been sued over.)

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#257
post #128

Earlier quoted context omitted.

I thought you'd go with this: https://en.wikipedia.org/wiki/United_States_v._Swartz

Swartz wasn't charged with copyright infringement.

No but he coincidentally passed away after he was accused of it.

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#258

If AI companies are allowed to use pirated material to create their products, does it mean that everyone can use pirated software to create products? Where is the line? Also please don't use word "learning", use "creating software using copyrighted materials". Also let's think together how can we prevent AI companies from using our work using technical measures if the law doesn't work?

It's abusive and wrong to try and prevent AI companies from using your works at all.

The whole point of copyright is to ensure you're paid for your work. AI companies shouldn't pirate, but if they pay for your work, they should be able to use it however they please, including training an LLM on it.

If that LLM reproduces your work, then the AI company is violating copyright, but if the LLM doesn't reproduce your work, then you have not been harmed. Trying to claim harm when you haven't been due to some philosophical difference in opinion with the AI company is an abuse of the courts.

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#259
post #253

Earlier quoted context omitted.

Anthropic is selling a service that incorporates these pirated works.

That a service incorporating the authors' works exists is not at issue. The plaintiffs' claims are, as summarized by Alsup: First, Authors argue that using works to train Claude’s underlying LLMs was like using works to train any person to read and write, so Authors should be able to exclude Anthropic from this use (Opp. 16). Second, to that last point, Authors further argue that the training was intended to memorize…

Computers cannot learn and are not subjects to laws. What happens, is a human takes a copyrighted work, makes an unauthorized digital copy, and loads it into a computer without authorization from copyright owner.

Re: Anthropic cut up millions of used books, and downloaded 7M pirated ones – judge

#260
post #252

Earlier quoted context omitted.

> illegally copying and selling pirated software This is very different to what Anthropic did. Nobody was buying copies of books from Anthropic instead of the copyright holder.

At the very least, they should have purchased the originals once

Yeah, people have gone to jail for a few copies of content. Taking that large of a corpus and getting off without penalty would be a farce of the justice system.
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