Comment by dahart
There is US precedent for training being deemed not fair use. https://www.dglaw.com/court-rules-ai-training-on-copyrighted...
Why wouldn’t training be illegal? It’s illegal for me to acquire and watch movies or listen to songs without paying for them*. If consuming copyrighted material isn’t fair use, then it doesn’t make sense that AI training would be fair use.
* I hope it’s obvious but I feel compelled to qualify that, of course, I’m talking about downloading (for example torrenting) media, and not about borrowing from the library or being gifted a DVD, CD, book or whatever, and not listening/watching one time with friends. People have been successfully prosecuted for consuming copyrighted material, and that’s what I’m referring to.
That interpretation is not correct. The owner explicitly denied license to the data and then the company went to a third party to gain access to the data that they were denied license to.
> When building its tool, Ross sought to license Westlaw’s content as training data for its AI search engine. As the two are competitors, Thomson Reuters refused. Instead, Ross hired a third party, LegalEase, to provide training data in the form of “Bulk Memos,” which were created using Westlaw headnotes. Thomson Reuters’s suit followed, alleging that Ross had infringed upon its copyrighted Westlaw headnotes by using them to train the AI tool.