> It is definitely the responsibility of anyone suing someone who trained a model on copyrighted data to prove that it isn't fair use, they have to show how it

> It is definitely the responsibility of anyone suing someone who trained a model on copyrighted data to prove that it isn't fair use, they have to show how it violated law, and while it's in the best interest of those organizations to make things easier for the court by showing why it is fair use, they are technically innocent until proven guilty. No, fair use is an affirmative defense for conduct that would otherwise be infringing. The onus is on the defendant to show that their use was fair.