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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.