Comment by KoolKat23
6 months ago
The use is to train an AI model.
A trillion parameter SOTA model is not substantially comprised of the one copyrighted piece. (If it was a Harry Potter model trained only on Harry Potter books this would be a different story).
Embeddings are not copy paste.
The last point about market impact would be where they make their argument but it's tenuous. It's not the primary use of AI models and built in prompts try to avoid this, so it shouldn't be commonplace unless you're jail breaking the model, most folk aren't.
I bet it’s pretty easy to reproduce enough of Harry Potter from these models that any judge would see it as not fair use - you’d just have to prompt it in the right way. I’d bet a large sum that when this eventually shakes through the Supreme Court, it won’t be deemed fair use entirely, for the better of the world.
If I use my Microsoft Word processor in the right way I can reproduce it too.
The law is good at dismissing bad faith arguments like this, they are conceptually very far apart.
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