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Using Copyrighted Material for AI Training not Fair Use, Third Circuit Court of Appeals Finds

'bout time. The audacity of claiming fair use is "we'll just copy it!" While AI (or really LLMs) have some impressive capabilities I cannot shake that it is just automated plagiarism.

I fear it is already too late. How does an AI company prove they have removed all the copyrighted material from their model? I don't see them just throwing away all their training expense.
 
Well, the actual case was about a company outputting verbatim summaries from the legal search service they crawled, which wasn't judged to be transformative and pretty clear cut plagiarism. While the article quotes an AI company rep saying that if a model is highly transformative then it may well be deemed fair use in future cases.
 
GoldenTiger said:
Isn't all user posted content technically copyrighted automatically by that user in the USA?
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That's why it's never going to stand.

Software, by default, is copyrighted. This would pretty much make ANY vibe-coded project, anything by Claude Code, etc., illegal (unless you actually owned the rights to all the training material, which is practically none of them.). But goodbye anything off of Stack Overflow, GitHub, etc.

As a Software Engineer, yeah, I like this current decision, but there's far too much money involved to allow the decision to stand.
 
GoldenTiger said:
Yep. The horse is long out of the barn.
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I would enjoy watching the writhing if a legal decision could instantly pull the plug on all of the frontier models. 😅

Sure, it would be one hell of a ride, but it would be totally worth it.

I'd also pay to see every crypto-bro's face after a cryptocurrency ban, and the response to the end of all prediction markets, but I guess I'm just weird that way😅
 
Zarathustra[H] said:
I would enjoy watching the writhing if a legal decision could instantly pull the plug on all of the frontier models. 😅

Sure, it would be one hell of a ride, but it would be totally worth it.

I'd also pay to see every crypto-bro's face after a cryptocurrency ban, and the response to the end of all prediction markets, but I guess I'm just weird that way😅
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For some reason, this is how I picture zarathrusta: sitting in a lawnchair, sipping on a cold one, and watching the world burn..

1791338074923.jpg
 
sharknice said:
Wayyyyyy too late for this.
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GoldenTiger said:
Yep. The horse is long out of the barn.
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I mean, meh. A lot of people would panic, and some institutional investors would lose a lot of money, but businesses would scramble to rehire some of the people they laid off due tot he anticipated labor savings from AI that never materialized, and pretty soon we'd be back to normal.

I'd just love to see the reaction on Sam Altman's smug, punchable face.
 
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