Comment by DonsDiscountGas
3 hours ago
> then surely a model distilling another model is transformative and fair use.
Yes it is, in the legal/copyright sense of fair use. That's why they ban it in their TOS. Which customers agree to when signing up for the service.
My website’s TOS says not to use it to train AI without permission, yet my website is in the training set of all the big models.
So… my TOS doesn’t matter, but theirs does?
So far, we have one ruling that says "model distillation by vendor A from vendor B with the intent to use the results to compete with vendor B in vendor B's domain is not fair use". Which makes a degree of sense.
It's possible that distillation for other reasons, with no intent to harm the vendor you distill from, would have been ruled to be fair use. But in law, intent matters.
How long until books come with TOS, then?
Many of them do already and have for decades
Damn now im looking forward to the day when books end up like physical game disks, where somehow you're not buying the book just a license to it, what a boring dystopia this is lol
As usual, Stallman already predicted this: https://www.gnu.org/philosophy/right-to-read.en.html
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Have you ever heard of Amazon? Kindle?