4 ms·
We don't even know in the US whether fair use applies. There are court cases out there which are trying to test those bounds. Personally, I don't think it is.
by falcolas 2y ago
We don't even know in the US whether fair use applies. There are court cases out there which are trying to test those bounds.
Personally, I don't think it is. Significant portions of copyrighted works can be re-created, and these models are being leveraged to make money. That makes them unlikely to be fair use. But, I'm not a lawyer nor judge.
- ranger_danger 2y agoI don't think there can be a blanket definition that applies to everything. Just like "inspiration" humans use to create all kinds of art already (even subconsciously), it's a case-by-case analysis, and one judge's subjective opinion, over how significant is too significant, for each creation that is distributed.
- falcolas 2y agoSure. But how many failed cases does it take for OpenAI or Diffusion close their doors? A failed copyright defense can result in a halt on distribution (shut it down while damages are worked out) in addition to fines and lawyer fees.
- ranger_danger 2y agoMy understanding is that those companies are not distributing their own generated content, and that user-submitted ones (if such things are even posted on their own website? I haven't seen much) would fall under Section 230 protections in the US.