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this post was submitted on 17 Aug 2023
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Technology
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That's something that can currently be done by a human and is generally considered fair use. All a language model really does is drive the cost of doing that from tens or hundreds of dollars down to pennies.
A fair use defense does not have to include noncompetition. That's just one factor in a fair use defense and the other factors may be enyon their own.
I think it'll come down to how "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes" and "the amount and substantiality of the portion used in relation to the copyrighted work as a whole;" are interpreted by the courts. Do we judge if a language model by the model itself or by the output itself? Can a model itself be uninfringing and it still be able to potentially produce infringing content?
That's kind of the point though isn't it? Fair use is only fair use because it's a human doing it, not an algorithm.
That is not actually one of the criteria for fair use in the US right now. Maybe that'll change but it'll take a court case or legislation to do.
I am aware of that, but those rules were written before technology like this was conceivable.