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I'm not entirely up to speed on US law, but wouldn't OpenAI have to provide the court some kind of proof that they didn't use it in the training data during dis

I'm not entirely up to speed on US law, but wouldn't OpenAI have to provide the court some kind of proof that they didn't use it in the training data during discovery?

buildbot 3y ago
Not a layer, but I believe the plaintiff (the author) would need to prove that it regurgitates their copyrighted work - otherwise it is possibly fair use. OpenAI does not need to prove anything, just defend their position at a reasonable level. It’s not been decided if training a model on copyrighted works is “okay” or not as far as I know, but I expect it to be so, given that literally everyone does so at this point. It’s not like imagenet is copyright free, many of the images were/are.
- pkilgore 3y ago
  No. Fair use is an affirmative defense to infringement. If they admit to infringement or in the alternative want to argue fair use, the burden is on OpenAI to demonstrate their use falls within the relevant standard for fair use.
pkilgore 3y ago
No. Burden is on the plaintiff (Silverman) to prove infringement.