this post was submitted on 21 Feb 2024
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This is the best summary I could come up with:
In its blog post responding to the Times lawsuit, OpenAI wrote that “training AI models using publicly available Internet materials is fair use, as supported by long-standing and widely accepted precedents.”
The most important of these precedents is a 2015 decision that allowed Google to scan millions of copyrighted books to create a search engine.
Stability AI and Anthropic will undoubtedly make similar arguments as they face copyright lawsuits of their own.
But fewer people remember MP3.com, a music startup that tried harder to color inside the lines but still got crushed in the courts.
When a customer wanted to add a CD to their collection, they would put it in their CD-ROM drive just long enough to prove they owned it.
“Defendant purchased tens of thousands of popular CDs in which plaintiffs held the copyrights, and, without authorization, copied their recordings onto its computer servers,” wrote Judge Jed Rakoff in a decision against MP3.com.
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