How does it open the door to that? That's literally the argument that was rejected by saying the fair use defense only counts for the legally-acquired media.
> “Like any reader aspiring to be a writer, Anthropic’s LLMs trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different,”
That's my mistake.
I went back and read the actual opinion, and while I'm disappointed that training an LLM is fair-use transformative, I'm hopeful about a trial on the subject of the pirated copies. But I'm also worried that the argument seems like it might succeed if such training is "one-shot" without the central library or repository of intermediate copies. And that doesn't seem like a good outcome. But maybe my pessimism here is also misplaced.
It's like fan fiction: sneaking into theatre to watch a movie without paying for admission is illegal, but writing fan fiction about the movie and publishing it on AO3 is legal.
> While blocking the piracy of work to train AI
when I read the quote:
> “Like any reader aspiring to be a writer, Anthropic’s LLMs trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different,”
That's my mistake.
I went back and read the actual opinion, and while I'm disappointed that training an LLM is fair-use transformative, I'm hopeful about a trial on the subject of the pirated copies. But I'm also worried that the argument seems like it might succeed if such training is "one-shot" without the central library or repository of intermediate copies. And that doesn't seem like a good outcome. But maybe my pessimism here is also misplaced.