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Anti-Piracy Group Takes Prominent AI Training Dataset ”Books3′ Offline
(torrentfreak.com)
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It may be illegal to distribute it, but it's not illegal to read it. Or train an AI on it, which is the same process.
Would commercializing the trained AI count as a commercial public performance though? The legal problems with AI don't come with the training, but when you start selling it.
I don't see what the problem would be. The AI model and its outputs are not derivative works from a legal perspective.