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Training Generative AI Models on Copyrighted Works Is Fair Use - Change My Mind (mastodon.lawprofs.org)

submitted 10 months ago by commie@lemmy.dbzer0.com to c/technology@lemmy.world

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I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.

please argue. please do not remove.

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[–] NevermindNoMind@lemmy.world 33 points 10 months ago (1 children)

Google scanned millions of books and made them available online. Courts ruled that was fair use because the purpose and interface didn't lend itself to actually reading the books in Google books, but just searching them for information. If that is fair use, then I don't see how training an LLM (which doesn't retain the exact copy of the training data at least in the vast majority of cases) isn't fair use. You aren't going to get an argument from me.

I think most people who will disagree are reflexively anti AI, and that's fine. But I just haven't heard a good argument that AI training isn't fair use.

[–] commie@lemmy.dbzer0.com 5 points 10 months ago (1 children)

here's a sidechannel attack on your position: every use, even infringing uses, are fair use until adjudicated, because what fair use means is that a court has agreed that your infringing use is allowed. so of course ai training (broadly) is always fair use. but particular instances of ai training may be found to not be fair use, and so we can't be sure that you are always going to be right (for the specific ai models that may come into question legally).

[–] semperverus@lemmy.world 9 points 10 months ago (1 children)

"Its perfectly legal unless you get caught!"

[–] Daxtron2@startrek.website 0 points 10 months ago* (last edited 10 months ago)

Considering most copyright cases come down to the individual judge's decision, essentially yes