Comment by rpdillon

2 months ago

The license only has force because of copyright. For better or for worse, the courts decide what is transformative fair use.

Characterizing the discussion behind this as "sophistry" is a fundamentally unserious take.

For a serious take, I recommend reading the copyright office's 100 plus page document that they released in May. It makes it clear that there are a bunch of cases that are non-transformative, particularly when they affect the market for the original work and compete with it. But there's also clearly cases that are transformative when no such competition exists, and the training material was obtained legally.

https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...

I'm not particularly sympathetic to voices on HN that attempt to remove all nuance from this discussion. It's challenging enough topic as is.

> For better or for worse, the courts decide what is transformative fair use.

thankfully, I don't live under the US regime

there is no concept of fair use in my country

  • OK, so what's the status in your country? What lawsuits have been filed, and what are the findings?

    There's a huge political aspect here: copyright hasn't worked for decades (I've written about this at length), and this is the latest iteration in that erosion. Countries that enforce IP as a natural right are going to have trouble navigating the change: they either need to avoid AI entirely (this will have higher costs than many anticipate), or they need revise how they think about copyright. Or they can just ignore it. There are no good options.

    My instinct is that countries that embrace change will do better.

> Characterizing the discussion behind this as "sophistry" is a fundamentally unserious take

What a joke. Sorry, but no. I don't think is unserious at all. What's unserious is saying this.

> and the training material was obtained legally

And assuming everyone should take it at face value. I hope you understand that going on a tech forum and telling people they aren't being nuanced because a Judge in Alabama that can barely unlock their phone weighed in on a massively novel technology with global implications, yes, reads deeply unserious. We're aware the U.S. legal system is a failure and the rest of the world suffers for it. Even your President routinely steals music for campaign events, and stole code for Truth Social. Your copyright is a joke that's only there to serve the fattest wallets.

These judges are not elected, they are appointed by people whose pockets are lined by these very corporations. They don't serve us, they are here to retrofit the law to make illegal things corporations do, legal. What you wrote is thought terminating.

  • What I wrote is an encouragement to investigate the actual state of the law when you're talking about legal topics. That's the opposite of thought-terminating.