3 ms·
If the uncreative and automated work of training the model is transformative enough to impact the rights of the original content creators, it would also be tran
by jsnell 4y ago
If the uncreative and automated work of training the model is transformative enough to impact the rights of the original content creators, it would also be transformative enough to impact the rights of the database curator.
The fair use case is much harder to make here than for search engines since the model will be directly competing with the content creators. And again, how could e.g. OpenAI simultaneously claim that their use of the original content to train the model, and then subsequent use the model and the model outputs, while simultaneously claiming that the model could not be used without infringing their DB rights? You can argue fair use for both or neither; trying to argue it for just one of my the two is just incoherent.
And everyone building models needs free access to the training data way more than they need copyright as a means to protect the model.
- Victor21Phelps 4y ago[flagged]
- nl 4y agoI don't necessarily disagree, but it's very unclear what a court would find. I suggest https://arxiv.org/abs/2303.15715 https://arxiv.org/abs/2303.15715 for a complete overview.
- jsnell 4y agoAgreed! It being unclear was in fact my first message in this discussion :) Thanks for the link, I'll definitely need to read it.