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> Do you think model weights can actually be copyrighted? Under US law, the answer is clearly "no." US requires there to be, at minimum, a "spark of creativity
by jcranmer 4y ago
> Do you think model weights can actually be copyrighted?
Under US law, the answer is clearly "no." US requires there to be, at minimum, a "spark of creativity." (Also, as far as legal definition is concerned, machines cannot possess any creativity.) If you try to start doing some creative legal argument to work around that, you're going to run into the issue that the same lines of legal thinking will conclude that you are infringing all of your training set... and trying to argue that infringing more or less everything ever made is somehow fair use is a truly uphill task.
You might be able to make a case for it under jurisdictions that follow the sweat-of-the-brow doctrine, but I know too little about jurisprudence in such jurisdictions to make any confident predictions.