RE: https://mastodon.social/@hauschke/116558334793108142
So far, US courts have mainly backed claims from AI firms that the way LLMs use copyrighted material is ‘transformative’, which is one of the tests for what counts as fair use.
me reading a paper is transformative, in the sense that i transform the work into me having read the work.
the purpose and character of my reading a paper is for exclusively nonprofit educational purposes
the nature of the copyrighted work is a claim of fact on shared, material reality, which cannot be considered privately held or created by the publisher
the effect of my reading the paper on the market is none, for the market does not consist of consumers directly paying for the copyrighted work.
@jonny it is transformative i.e. it is not just directly redistributing copyrighted material. So if something is free to read but copyrighted, you can read it and learn from it, AI can read it and learn from it, everyone's happy. If it's not free to read, both you and AI are pirating it if you read it and learn from it.
Access and distribution are different things.
