Comment by iloveoof
2 days ago
I could not agree more with EFF.
There’s a difference between training a model and using a model. Training involves copyrighted works but fair use is not just about use of copyrighted works, it’s about whether the use is transformative and substitutes the original market. I struggle to see how is not transformative under these criteria.
The use of the model (being able to output copies of GPL software) is a different question. This depends on the circumstances: if GPL code is exactly reproduced then it very well could be subject to the license of the original work.
I don’t understand the legal objections to the fair use of protected IP. Licenses are legal documents, not moral imperatives. GPL only exists because of copyright law, and you can’t write a license that supercedes copyright law if you don’t like the law.
The Claude Code example is completely different, hosting a repo with the leaked code is clearly not fair use.
So in your consideration the user of training materials for LLMs don't allow the LLMs to compete with the original authors? That's part of the assessment of transformation - does the resulting work compete with the original.
If I no longer need your book to learn its contents, that's direct competition, making that facet of the work entirely untransformed.