It does seem to be becoming the norm for AI companies to licence premium content in America, judging by the deals they're making. It doesn't seem to be done by the international distillers. It's a cost that American open models will seem to have to pay but not international.
This is a very surprising claim to me (and I imagine many small website owners who keep getting scraped by Anthropic and OpenAI).
Do you have a source?
https://digiday.com/media/a-timeline-of-the-major-deals-betw...
I don't really understand why you think they're relevant, given that this conversation is about the training itself.
Even the news orgs say explicitly in the press releases that it's about training on their archive
eg. http://ap.org/media-center/press-releases/2023/ap-open-ai-ag...
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edit, examples:
Wiley https://newsroom.wiley.com/press-releases/press-release-deta...
Shutterstock https://investor.shutterstock.com/news-releases/news-release...
Axel Springer https://openai.com/index/axel-springer-partnership
Stack Overflow: https://stackoverflow.co/partnerships
Disney (for characters in video. Video is especially where licensing is a big difference internationally right now) https://openai.com/index/disney-sora-agreement
etc.
The news corp one had a leaked price ($250mill), so they don't seem to be insignificant. These would have to be included in API prices I presume.
International distillers doesn't use that premium content, so they don't pay for it. They do pay for their access to the models they are distilling. Thus providing the revenue stream to those models. Thus those models make profit off the content they used for training. The content they mostly have't paid for.
>It's a cost that American open models will seem to have to pay but not international.
It goes both ways - American companies and their business are protected by American laws and have access to the market protected by those laws, etc.
This doesn't seem to be true. They are training on their own scraped data overwhelmingly (we can extract copyright data from, eg, deepseek).
> American companies and their business are protected by American laws and have access to the market protected by those laws
Absolutely. Currently international providers are selling inference on the American market though, I don't know how that will sit legally the way things are currently going.
(edit: they added the first paragraph later, so I've replied here too)
The same principle can be applied to distillation - it is a fair use. You just shouldn't use illegal ways to access the models being distilled.
To the commenter below: if it is illegal - has the police/FBI report been made? Otherwise it is just a civil court matter.