Comment by nwienert
6 months ago
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.
My point if you are going so far as to piece it together, you can't blame the LLM. The individual chose to do that. And copyright law primarily is concerned with the actual physical reproduced object at the end of the day not tools used (piecing it together means it is merely a tool).