Comment by dataflow
11 hours ago
> I think these AI companies live in a legal fantasy where they can take any content they want, put it into the mixer without caring about copyright and then what comes out of it is somehow copyrighted.
The mixer you're talking about is what they seem to claim to be transformative use, no? Unless I'm misunderstanding something, it's not a legal fantasy.
> The mixer you're talking about is what they seem to claim to be transformative use, no? Unless I'm misunderstanding something, it's not a legal fantasy.
If it's transformative use, then it's transformative use of ... what exactly? Copyrighted works? I think the law is pretty clear on what happens on transformative use of copyrighted works.
> it's transformative use of ... what exactly? Copyrighted works?
Yes. Among other stuff, but non-copyrighted stuff is not exactly an issue so it can be left out of our focus most of the time.
> I think the law is pretty clear on what happens on transformative use of copyrighted works.
Ah, if only - it's not. You could be mixing it up with concept of derived work - that's where the law is pretty clear (I think). AFAIK (IANAL), transformativeness is merely a suggestive factor for fair use consideration, and then it's all "whatever court decides" with a bunch of guidelines and precedents.