this post was submitted on 29 Jun 2024
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Microsoft’s AI boss thinks it’s perfectly OK to steal content if it’s on the open web (www.theverge.com)
submitted 4 months ago by [email protected] to c/[email protected]
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That is not how fair use works.

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[–] [email protected] 0 points 4 months ago (3 children)

That is super not how fair use works:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

Considering that OpenAI is making a commercial profit from developing its ML models, they seem to have missed #1 already. #3 also because the model usually ingests the entire work, not just part of it.

Actually, this makes me wonder if the design of OpenAI's business structure is intended to try to abuse this:

The organization consists of the non-profit OpenAI, Inc. registered in Delaware and its for-profit subsidiary OpenAI Global, LLC.

So, the "non-profit" part of OpenAI collects the data for "research" purposes, but then the for-profit side sells the product.

[–] [email protected] 0 points 4 months ago

i dont think it really matters. this is going to be an all out war between media companies and big tech and big tech is much much bigger.

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