Comment by bgwalter
EFF is bought and paid for. Not once does this piece mention that "AI" and humans are different and that a digital combine harvester mowing down and ingesting the commons does not need the same rights as a human.
It is not fair use when the entire output is made of chopped up quotes from all of humanity. It is not fair use when only a couple of oligarchs have the money and grifting ability to build the required data centers.
This is a another in the long lists of institutions that have been subverted. ACLU and OSI are other examples.
What definition of "sufficiently transformative" doesn't include "a book about wizards" by some process being used to make "a machine that spits out text"? A magazine publisher has a more legitimate claim against the person making a ransom letter: at least the fonts are copied verbatim.
There are legitimate arguments to be made about whether or not AI training should be allowed, but it should take the form of new legislation, not wild reinterpretations of copyright law. Copyright law is already overreaching, just imagine how goddawful companies could be if they're given more power to screw you for ever having interacted with their "creative works".