Fair Use 🦹‍♂️


The doctrine has four factors. The companies argue that those factors —including that they substantially transformed the copyrighted works and were not competing in the same market with a direct substitute for those works —play in their favor.

[Suchir] Balaji does not believe these criteria have been met. When a system like GPT-4 learns from data, he said, it makes a complete copy of that data. From there, a company like OpenAI can then teach the system to generate an exact copy of the data, or it can teach the system to generate text that is in no way a copy. The reality, he said, is that companies teach the systems to do something in between.

"The outputs aren’t exact copies of the inputs, but they are also not fundamentally novel,” he said. This week, he posted an essay on his personal website that included what he describes as a mathematical analysis that seeks to show that this claim is true. 


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