> "What is the character of the use?" - Commercial Your first factor seems to not at all be like that which Stanford has in its guidelines[1], which they call

> "What is the character of the use?" - Commercial Your first factor seems to not at all be like that which Stanford has in its guidelines[1], which they call the transformative factor: In a 1994 case, the Supreme Court emphasized this first factor as being an important indicator of fair use. At issue is whether the material has been used to help create something new or merely copied verbatim into another work. LLMs mostly create something new, but sometimes seems to be able to regurgitate passages verbatim, so I can see arguments for and against, but to my untrained eyes doesn't seem as clear cut. [1]: https://fairuse.stanford.edu/overview/fair-use/four-factors/ https://fairuse.stanford.edu/overview/fair-use/four-factors/