Comment by Retric

Those support the utility or debate individual points but don’t make a coherent argument that LLM are strictly fair use.

First link provides quotes but doesn’t actually make an argument that LLM’s are fair use under current precedent. Rather that training AI can be fair use and researchers would like LLM’s to include copyrighted works to aid research on modern culture. The second article goes into depth but isn’t a defense of LLM’s. If anything they suggest a settlement is likely. The final instead argues for the utility of LLM’s, which is relevant but doesn’t rely on existing precedent, the court could rule in favor of some mandatory licensing scheme for example.

The third gets close: “We expect AI companies to rely upon the fact that their uses of copyrighted works in training their LLMs have a further purpose or different character than that of the underlying content. At least one court in the Northern District of California has rejected the argument that, because the plaintiffs' books were used to train the defendant’s LLM, the LLM itself was an infringing derivative work. See Kadrey v. Meta Platforms, Case No. 23-cv-03417, Doc. 56 (N.D. Cal. 2023). The Kadrey court referred to this argument as "nonsensical" because there is no way to understand an LLM as a recasting or adaptation of the plaintiffs' books. Id. The Kadrey court also rejected the plaintiffs' argument that every output of the LLM was an infringing derivative work (without any showing by the plaintiffs that specific outputs, or portion of outputs, were substantially similar to specific inputs). Id.”

Very relevant, but runs into issues when large sections can be recovered and people do use them as substitutes for the original work.