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Re:OpenAI's justification for why training data is fair use,... by theptip on Thursday October 05, 2023 @12:29PM (#37780666)
For written text? Not aware of any examples, can you share any?

(To be clear by copying I mean repeating the text in your derived work, perhaps I should have been more explicit. The crux of this case is whether “copying into training set” counts as copying the whole work. )

Re:OpenAI's justification for why training data is fair use,... by dragonwriter on Thursday October 05, 2023 @12:32PM (#37780718)
The first examples that comes to mind is reproducing an entire copyright-protected article, either a single copy for personal use by a researcher or multiple copies for classroom use.
Re:OpenAI's justification for why training data is fair use,... by jazzyjackson on Thursday October 05, 2023 @02:23PM (#37782125)
Right, determined fair use by the supreme court in Williams & Wilkins Co. v. United States. You can walk into a library and make a wholesale copy for research purposes. The case involved a medical journal publisher suing medical doctors, who made a strong argument that their ability to make copies was a matter of life and death. Winner: Xerox.

https://en.m.wikipedia.org/wiki/Williams_%26_Wilkins_Co._v._...

Re:OpenAI's justification for why training data is fair use,... by DoughnutHole on Thursday October 05, 2023 @02:37PM (#37782317)
That's an interesting example because it illustrates out how fair use is in part defined by its effect on the market.

A teacher copying a New York Times article verbatim and distributing it to a classroom for the purpose of analysis or criticism is likely to be held by the courts as fair use. On the other hand a teacher photocopying an entire textbook (or distributing a PDF) would probably not be considered fair use.

Both are copying educational material in full, but they have a different impact on the market. Distributing copies of an old news article to 30 students realistically isn't a direct substitute for 30 subscriptions to The New York Times. But a textbook publisher's business model specifically revolves around selling its textbooks to students - the teacher is distributing their copyrighted material to their target market and removing any incentive for the students to pay the publisher.

Re:OpenAI's justification for why training data is fair use,... by pclmulqdq on Thursday October 05, 2023 @05:32PM (#37784551)
Yes, the damage to the market of the original is a key factor in a fair use analysis.

It makes you wonder why "Open"AI started getting into legal trouble only when they closed everything down and became a commercial project. When they were a research project, stepping on copyrights was a lot more acceptible (both socially and legally).

Re:OpenAI's justification for why training data is fair use,... by RC_ITR on Thursday October 05, 2023 @12:38PM (#37780782)
Have you heard of 'quotations'?

Plenty of works quote and cite other copywritten works and it's considered transformative because usually the work is building upon or commenting on the quote.

Re:OpenAI's justification for why training data is fair use,... by tyingq on Thursday October 05, 2023 @12:40PM (#37780817)
The context was copying entire works in this particular leaf of the main thread.
Re:OpenAI's justification for why training data is fair use,... by RC_ITR on Thursday October 05, 2023 @02:57PM (#37782637)
Yes, and plenty of people write criticisms of entire song lyrics or poems, effectively republishing the entire thing.

This is actually a huge area of debate on Youtube as Google often errs on your side of the argument (they can choose to demonetize whatever they want), even if they work is technically not infringing.