• Riskable@programming.dev
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    7 days ago

    Incorrect. No court has ruled in favor of any plaintiff bringing a copyright infringement claim against an AI LLM. Here’s a breakdown of the current court cases and their rulings:

    https://www.skadden.com/insights/publications/2025/07/fair-use-and-ai-training

    In both cases, the courts have ruled that training an LLM with copyrighted works is highly transformative and thus, fair use.

    The plaintiffs in one case couldn’t even come up with a single iota of evidence of copyright infringement (from the output of the LLM). This—IMHO—is the single most important takeaway from the case: Because the only thing that really mattered was the point where the LLMs generate output. That is, the point of distribution.

    Until an LLM is actually outputting something, copyright doesn’t even come into play. Therefore, the act of training an LLM is just like I said: A “Not Applicable” situation.

    • hitmyspot@aussie.zone
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      1 day ago

      Just a heads up that anthropic have just lost a $1.5b case for downloading and storing copyrighted works. That’s $3,000 per author of 500000 books.

      The wheels of justice move slowly but fair use has limits. Commercial use is generally not one. Commentary and transformation are, so we’ll see how this progresses with the many other cases.

      Warner Brothers have recently filed another case, I think.