TDM exceptions (not just the three-step test) don’t allow all unlicensed AI development

As autumn settles in and leaves begin to fall, one thing stays firmly in place: the judicial, policy, and academic focus on the intersection of AI development and copyright.Much of the debate regarding AI training centres on the scope of copyright exceptions allowing, under certain conditions, text and data mining (TDM). As readers know, the EU copyright system provides for two such exceptions (