My initial interpretation was that you're saying fair use is irrelevant to the situation because machine learning models aren't themselves legal persons. But, fair use doesn't solely apply to manual creation - use of traditional algorithms (e.g: the snippets, caching, and thumbnailing done by search engines) is still covered by fair use. To my understanding, that's why ronsor pointed out that ML models are tools used by people (and those people can give a fair use defense).
Possibly you instead meant that fair use is relevant, but people are wording remarks in a way that suggests the model itself is giving a fair use defence to copyright infringement, rather than the persons training or using it?
Well then I could have been much clearer because I meant something like the latter.
An ML model can neither have nor be in breach of copyright so any discussion about how it works, and how that relates to how people work or “learn” is besides the point.
What actually matters is firstly details about collation of source material, and later the particular legal details surrounding attribution. The last part involves breaking new ground legally speaking and IANAL so I will reserve judgement. The first part, collation of source material for training is emphatically not unexplored legal or moral territory. People are acting like none of the established processes apply in the case of LLMs and handwave about “learning” to defend it.
Ukv|2 years ago
Possibly you instead meant that fair use is relevant, but people are wording remarks in a way that suggests the model itself is giving a fair use defence to copyright infringement, rather than the persons training or using it?
enord|2 years ago
An ML model can neither have nor be in breach of copyright so any discussion about how it works, and how that relates to how people work or “learn” is besides the point.
What actually matters is firstly details about collation of source material, and later the particular legal details surrounding attribution. The last part involves breaking new ground legally speaking and IANAL so I will reserve judgement. The first part, collation of source material for training is emphatically not unexplored legal or moral territory. People are acting like none of the established processes apply in the case of LLMs and handwave about “learning” to defend it.