Comment by bgwalter
6 months ago
Here is how individuals are treated for massive copyright infringement:
https://investors.autodesk.com/news-releases/news-release-de...
6 months ago
Here is how individuals are treated for massive copyright infringement:
https://investors.autodesk.com/news-releases/news-release-de...
I thought you'd go with this: https://en.wikipedia.org/wiki/United_States_v._Swartz
Swartz wasn't charged with copyright infringement.
*technically
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No but he coincidentally passed away after he was accused of it.
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> Here is how individuals are treated for massive copyright infringement:
When I clicked the link, I got an article about a business that was selling millions of dollars of pirated software.
This guy made millions of dollars in profit by selling pirated software. This wasn't a case of transformative works, nor of an individual doing something for themselves. He was plainly stealing and reselling something.
> illegally copying and selling pirated software
This is very different to what Anthropic did. Nobody was buying copies of books from Anthropic instead of the copyright holder.
I wouldn't be so sure about that statement, no one has ruled on the output of Anthropic's AI yet. If their AI spits out the original copy of the book then it is practically the same as buying a book from them instead of the copyright holder.
We've only dealt with the fairly straight-forward legal questions so far. This legal battle is still far from being settled.
It’s very unlikely that Claude will verbatim reproduce an entire book from its training corpus. If that’s the bar, they are pretty safe in my opinion.
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It is extremely likely this will be declared fair use in the end.
There's already one decision on a competitor.
It makes sense, if you think of how the model works.
> If their AI spits out the original copy of the book
Not even the authors suing Anthropic have claimed it can do this, have they?
At the very least, they should have purchased the originals once
Yeah, people have gone to jail for a few copies of content. Taking that large of a corpus and getting off without penalty would be a farce of the justice system.
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Anthropic isn’t selling copies of the material to its users though. I would think you couldn’t lock someone up for reading a book and summarizing or reciting portions of the contents.
Seven years for thumbing your nose at Autodesk when armed robbery would get you less time says some interesting things about the state of legal practice.
> summarizing or reciting portions of the contents
This absolutely falls under copyright law as I understand it (not a lawyer). E.g. the disclaimer that rolls before every NFL broadcast. The notice states that the broadcast is copyrighted and any unauthorized use, including pictures, descriptions, or accounts of the game, is prohibited. There is wiggle room for fair use by news organizations, critics, artists, etc.
They might say that, but it doesn’t mean it has the force of law behind it. Copyright does not cover and has never covered facts. So as much as the NFL might wish you can’t tell people what the final score of the game is, or describe the events of the last minute clutch play, they can’t actually prevent you from doing that because that’s not protected by copyright.
I can say "you cannot read this comment for any purpose" but that doesn't supersede the law.
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I'm wondering though how the law will construe AI able to make a believable sequel to Moby Dick after digesting Herman Melville's works. (Or replace Melville with a modern writer.)
existing copyright law seems to say you cannot help yourself to significant parts of a work - such as to write your own sequel. I have no idea how the courts establish the degree of copying "owned" by the original author. There would clearly be stories in some way related to Moby Dick that would be legal, but others that were too close.
Except they aren’t merely reading and reciting content, are they? That’s a rather disingenuous argument to make. All these AI companies are high on billions in investment and think they can run roughshod over all rules in the sprint towards monetizing their services.
Make no mistake, they’re seeking to exploit the contents of that material for profits that are orders of magnitude larger than what any shady pirated-material reseller would make. The world looks the other way because these companies are “visionary” and “transformational.”
Maybe they are, and maybe they should even have a right to these buried works, but what gives them the right to rip up the rule book and (in all likelihood) suffer no repercussions in an act tantamount to grand theft?
There’s certainly an argument to be had about whether this form of research and training is a moral good and beneficial to society. My first impression is that the companies are too opaque in how they use and retain these files, albeit for some legitimate reasons, but nevertheless the archival achievements are hidden from the public, so all that’s left is profit for the company on the backs of all these other authors.
before breaking the law, set up a corporation to absorb the liability!
in other words, provided you have enough spare capital to spin up a corporation, you can break the law!!!!
What point are you making? 20 years ago, someone sold pirated copies of software (wheres the transformation here) and that's the same as using books in a training set? Judge already said reading isnt infringement.
This is reaching at best.
Aren't you comparing the wrong things? First example is about the output/outcome, what is the equivalent for LLMs? Also, not all "pirated" things are sold, most are in fact distributed for free.
"Pirates" also transform the works they distribute. They crack it, translate it, compress it to decrease download times, remove unnecessary things, make it easier to download by splitting it in chunks (essential with dial-up, less so nowadays), change distribution formats, offer it trough different channels, bundle extra software and media that they themselves might have coded like trainers, installers, sick chiptunes and so on. Why is the "transformation" done by a big corpo more legal in your views?
its legal because a judge said so.
your piracy apologetics are obviously irrelevant.
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Peterson was copying and selling pirated software.
Come up with a better comparison.
Anthropic is selling a service that incorporates these pirated works.
That a service incorporating the authors' works exists is not at issue. The plaintiffs' claims are, as summarized by Alsup:
https://media.npr.org/assets/artslife/arts/2025/order.pdf
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copyright is not the same as piracy
piracy isn't a thing, except on the high seas. what you're thinking about is copyright violation.
Yup, piracy sounds better than copyright violation.
“Piracy” is mostly a rhetorical term in the context of copyright. Legally, it’s still called infringement or unauthorized copying. But industries and lobbying groups (e.g., RIAA, MPAA) have favored “piracy” for its emotional weight.
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Can you explain why? What makes them categorically different or at the very least why is "piracy" quantitatively worse than 'just' copyright violation?
Piracy is theft - you have taken something and deprived the original owner of it.
Copyright infringement is unauthorized reproduction - you have made a copy of something, but you have not deprived the original owner of it. At most, you denied them revenue although generally less than the offended party claims, since not all instances of copying would have otherwise resulted in a sale.
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Asked unironically: "What's worse, hijacking ships at sea and holding their crews hostage for ransom on threat of death, or downloading a song off the internet?" ...
The simplest way to put I can think of is a silly set of two hypotheticals.
Imagine mer-people or aliens existed and started armed raiding marine shipping. That would be would be a hostile act of war. Declaring war on the mer-people would be a shame but justifiable in self-defense.
Imagine instead they were decrypting communications and using it to decipher and view our content. The other would basically be acceptable as part of a first contact protocol and exploration as it involves trying to figure out the basics of communication protocols of an 'alien' species. Declaring war on them in response would be a vastly disproportionate act of aggression for violating laws that they had no way of knowing they were subject to and literally could not possibly know.
Maybe the most memorable version of the response is this the "Copying is not Theft" song. https://www.youtube.com/watch?v=IeTybKL1pM4
Saying that piracy isn't copyright violation is an RMS talking point. It's not worth trying to ask why because the answer will be RMS said so and will not be backed by the common usage of the word.
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