Apparently, stealing other people’s work to create product for money is now “fair use” as according to OpenAI because they are “innovating” (stealing). Yeah. Move fast and break things, huh?

“Because copyright today covers virtually every sort of human expression—including blogposts, photographs, forum posts, scraps of software code, and government documents—it would be impossible to train today’s leading AI models without using copyrighted materials,” wrote OpenAI in the House of Lords submission.

OpenAI claimed that the authors in that lawsuit “misconceive[d] the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”

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Further, OpenAI writes that limiting training data to public domain books and drawings “created more than a century ago” would not provide AI systems that “meet the needs of today’s citizens.”

OpenAI responded to the lawsuit on its website on Monday, claiming that the suit lacks merit and affirming its support for journalism and partnerships with news organizations.

OpenAI’s defense largely rests on the legal principle of fair use, which permits limited use of copyrighted content without the owner’s permission under specific circumstances.

“Training AI models using publicly available internet materials is fair use, as supported by long-standing and widely accepted precedents,” OpenAI wrote in its Monday blog post.

In August, we reported on a similar situation in which OpenAI defended its use of publicly available materials as fair use in response to a copyright lawsuit involving comedian Sarah Silverman.

OpenAI claimed that the authors in that lawsuit “misconceive[d] the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”


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