"An AI developer who trains on pirated or paywalled material can’t launder infringement through the word 'training' "

1 month ago 1
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"Every few months, an AI company wins a procedural round in court or secures a sympathetic sound bite about 'transformative fair use.' Within hours, the headlines declare a new doctrine of spin: the right to train AI on copyrighted works. But let’s be clear — no such right exists and probably never will. That doesn’t mean they won’t keep trying. ..."Fair use is a case-by-case defence to copyright infringement, not a standing permission slip. ... But AI companies are trying to convert that flexible doctrine into a brand new safe harbour: a default assumption that all training is fair use unless proven otherwise. ...

That’s exactly backward. The Copyright Office’s own report makes clear that the legality of training depends on how the data was acquired and what the model does with it. A developer who trains on pirated or paywalled material like Anthropic, Meta and probably all of them to one degree or another, can’t launder infringement through the word 'training.' "
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