Re:OpenAI's justification for why training data is fair use,...
by rpdillon on Thursday October 05, 2023 @02:56PM
(#37782618)
Right, but courts are the only ones that can make a fair use determination.
Re:OpenAI's justification for why training data is fair use,...
by dragonwriter on Thursday October 05, 2023 @03:15PM
(#37782932)
That's not true other than in the sense that “courts are the only ones that can make a determination that an act would violate copyright law outside of fair use considerations” is also true.
Its true that many times fair use will be somewhat harder to predict what a court would decide on than other aspects of copyright law, because the statute and precedent in combination are less clear, but that's not a categorical distinction.
Copyright law “as the law is written” says fair use is not a violation. 17 USC § 107: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work [...] is not an infringement of copyright.”