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Search engines are ruled fair use because they use the copyrighted material in a limited way, they provide a public good and they benefit the copyright holder.
by dkjaudyeqooe 3y ago
Search engines are ruled fair use because they use the copyrighted material in a limited way, they provide a public good and they benefit the copyright holder.
Generative AI is more or less the opposite of that. It ingests the whole work, generates output that substitutes for the used work and profits the user of copyrighted work to the detriment of the copyright holder.
Throw in the fact that it is purley a mechanical transformation of the copyrighted work and generative AI is on shaky ground.
- fallingknife 3y agoBut transformative use is an exception to copyright. And I think it's going to be pretty hard to argue that the matrix of parameters inside an LLM is not sufficiently transformative from the input image.
- FridgeSeal 3y agoIf I run a thesaurus over a plagiarised text, it would be a long bow to draw to say that’s “transformative”. I feel like this “oh but it’s transformative” argument is becoming rapidly load-bearing in the context of LLM arguments and I don’t really see nearly enough justification for it.
- regularfry 3y agoLegally, "transformative" means semantically, not pixel-level. It's hard to argue that all matrix transformations done by the LLM would be transformative in that sense.