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Re:OpenAI's justification for why training data is fair use,... by dragonwriter on Thursday October 05, 2023 @01:20PM (#37781303)
> The reason a work was created is immaterial to copyright law.

Quite to the contrary, it is central and not at all immaterial to fair use, which is both a part of statutory copyright law now and, more importantly and even before it was incorporated as such, a constitutional limit grounded in freedom of expression on the power of the Federal government to have and enforce copyright law.

Re:OpenAI's justification for why training data is fair use,... by bena on Thursday October 05, 2023 @01:41PM (#37781553)
Give me a case where the fact an original "was created for human consumption" was used as a successful fair use defense.