Two Courts Rule On Generative AI and Fair Use https://www.eff.org/deeplinks/2025/06/two-courts-rule-generative-ai-and-fair-use-one-gets-it-right The EFF prefers Alsup J's approach. #copyright #AI #fairuse

Two Courts Rule On Generative AI and Fair Use https://www.eff.org/deeplinks/2025/06/two-courts-rule-generative-ai-and-fair-use-one-gets-it-right The EFF prefers Alsup J's approach. #copyright #AI #fairuse
Meta wins AI copyright lawsuit as US judge rules against authors https://www.theguardian.com/technology/2025/jun/26/meta-wins-ai-copyright-lawsuit-as-us-judge-rules-against-authors
Writers accused Facebook owner of breach over its use of books without permission to train its AI system #copyright #AI #fairuse #uslaw #uspol
Anthropic did not breach copyright when training AI on books without permission, court rules
https://www.theguardian.com/technology/2025/jun/25/anthropic-did-not-breach-copyright-when-training-ai-on-books-without-permission-court-rules
Judge William Alsup compared the Anthropic model’s use of books to a “reader aspiring to be a writer” who uses works “not to race ahead and replicate or supplant them” but to “turn a hard corner and create something different”.
Alsup added, however, that Anthropic’s copying and storage of more than 7m pirated books in a central library infringed the authors’ copyrights and was not fair use – although the company later bought “millions” of print books as well. The judge has ordered a trial in December to determine how much Anthropic owes for the infringement. #copyright #AI #fairuse #uslaw #uspol
It's not so much that #CreativeCommons is giving up in advance on the #AIcopyright issue—it looks like the decision-makers there sincerely believe that training is #fairUse, copyright should be limited, and so on
But most _users_ of CC licenses (authors, artists…) seem to have different beliefs—if an oligarch's murder robot is after me, I would pick up an "unclean" tool to fight them
IMHO we need an alternate license steward that's willing to better reflect user norms https://blog.zgp.org/fair-use-alignment-chart/
Meta Platforms Inc. won a key U.S. court case allowing the use of books for AI model training under fair use, a decision with limited scope that intensifies the debate over copyright in artificial intelligence development.
#YonhapInfomax #MetaPlatforms #CopyrightLawsuit #AITraining #Llama #FairUse #Economics #FinancialMarkets #Banking #Securities #Bonds #StockMarket
https://en.infomaxai.com/news/articleView.html?idxno=69484
Key #fairuse ruling clarifies when books can be used for #AI training - https://arstechnica.com/tech-policy/2025/06/key-fair-use-ruling-clarifies-when-books-can-be-used-for-ai-training/ " In landmark ruling, judge likens AI training to schoolchildren learning to write. "
Meta Fends Off Authors' US #Copyright Lawsuit Over #AI (via #Reuters) https://www.reuters.com/sustainability/boards-policy-regulation/meta-fends-off-authors-us-copyright-lawsuit-over-ai-2025-06-25/ ||| Court Order https://storage.courtlistener.com/recap/gov.uscourts.cand.415175/gov.uscourts.cand.415175.598.0_1.pdf #fairuse #publishing
Anthropic destroyed millions of print books to build its AI models https://arstechni.ca/YLWE #InternetArchive #machinelearning #AIdevelopment #bookscanning #legalrulings #trainingdata #AIcompanies #googlebooks #AIresearch #AItraining #Anthropic #copyright #AIethics #scanning #fairuse #Biz&IT #Policy #Claude #AIlaw #AI
Another Judge Rules that AI Training is Fair Use
A judge has made a ruling on the Anthropic case, saying that training on copyrighted work is still fair use.
One of the arguments I've long been presented with is the idea that the act of AI training on other people's works constitutes copyright infringem
https://www.freezenet.ca/another-judge-rules-that-ai-training-is-fair-use/
Anthropic destroyed millions of print books to build its AI models - On Monday, court documents revealed that AI company Anthropi... - https://arstechnica.com/ai/2025/06/anthropic-destroyed-millions-of-print-books-to-build-its-ai-models/ #internetarchive #machinelearning #aidevelopment #bookscanning #legalrulings #trainingdata #aicompanies #googlebooks #airesearch #aitraining #anthropic #copyright #aiethics #scanning #fairuse #biz #policy #claude #ailaw #ai
@mttaggart @AAKL I disagree.
True, "such as" denotes that the list of use cases is not exhaustive. But a proper #FairUse analysis should show that the use in question is one of those mentioned or a similar one ("such as").
The Anthropic judge does not take that step. He quotes section 107, but then continues as if that sentence was not part of section 107.
The Google Books ruling did better, pointing out the research and scholarly aspects of Google Books use.
Well...bugger. The link to the actual judgement is the first link in the article, but the article does a fair synopsis. Basically, the judge ruled against creatives and for the technocracy. I had hopes that Alsup would rule differently, since he understands tech better than most judges. I’m still parsing the ruling, but whereas I understand how he got to fair use, I don’t think it’s a correct ruling. I am not a lawyer, and I am especially not an IP lawyer, but this seems like it’s pretty much carte blanc to steal work from creatives.
@mttaggart @AAKL Exactly, the judge contradicts himself.
First he quotes, as you point out, precedence (Google Books), saying that "the amount and substantiality of the portion used" does not 'matter so much', and then he says it actually matters quite a bit, because it favours (!) a finding of #FairUse .
He doesn't rule that it "doesn't matter much" (which would be a neutral result of the 3rd factor), he says it does matter, and in the opposite direction of what Fair Use has always been.
@mttaggart @AAKL Now, the judge says that copying the entire work at least 4 times (additional copies, without destroying anything) means less copyright infringement, than if they had just copied a few sentences or pages.
Legally, that's absurd. It goes against all we know about #FairUse (which dates back to 1740, and in the current codified form to 1976).
This order screams for an appeal.
@mttaggart @AAKL The ruling is very werid.
How can copying an entire book *favour* #FairUse?
One may come to opinion that it doesn't matter whether they scanned 1 page or the whole thing (not that I would agree). But to say that it would have been bad (for copyright reasons) if they had copied less is absurd.
@Newk @heiseonlineenglish It is a really weird ruling. Inconsistent with precedence, inconsistent arguing in itself, and just obscure: How can copying an entire work *favour* #FairUse ?
Not that I support it, legally, but one could conceivable come to the conclusion that it doesn't hurt Fair Use to copy an entire work. But that taking everything at once favours Fair Use?
No way.
"A new paper from researchers at Stanford, Cornell, and West Virginia University seems to show that one version of Meta’s flagship AI model, Llama 3.1, has memorized almost the whole of the first Harry Potter book. This finding could have far-reaching copyright implications for the AI industry and impact authors and creatives who are already part of class-action lawsuits against Meta.
Researchers tested a bunch of different widely-available free large language models to see what percentage of 56 different books they could reproduce. The researchers fed the models hundreds of short text snippets from those books and measured how well it could recite the next lines. The titles were a random sampling of popular, lesser-known, and public domain works drawn from the now-defunct and controversial Books3 dataset that Meta used to train its models, as well as books by plaintiffs in the recent, and ongoing, Kadrey vs Meta class-action lawsuit.
According to Mark A. Lemley, one of the study authors, this finding might have some interesting implications. AI companies argue that their models are generative—as in, they make new stuff, rather than just being fancy search engines. On the other hand, authors and news outlets are suing on the basis that AI is just remixing existing material, including copyrighted content. “I think what we show in the paper is that neither of those characterizations is accurate,” says Lemley."
https://www.404media.co/meta-ai-model-memorized-harry-potter-books/
Reports: “Anthropic Wins on Fair Use For Training Its #LLMs; Loses on Building a ‘Central Library’ of Pirated #Books” https://www.infodocket.com/2025/06/24/reports-anthropic-wins-on-fair-use-for-training-its-llms-loses-on-building-a-central-library-of-pirated-books/ #legal #fairuse @AuthorsAlliance
https://www.europesays.com/2190604/ Using copyrighted books to train AI chatbot ‘fair use’ #AI #AIChatbot #AICompany #AiLargeLanguageModel #AiLaw #Anna'sArchive #Anthropic #ArtificialIntelligence #artist #Author #authors #book #BookDownloading #BookIndustry #BOOKS #booktok #Chatbot #ChatGPT #Claude #copyright #FairUse #IntellectualProperty #judge #law #ldnd #LibraryGenesis #Ligen #million #one #pirating #privacy #ruling #ShadowLibrary #SpecialUse #work