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Training Generative AI Models on Copyrighted Works Is Fair Use - Change My Mind
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this post was submitted on 23 Jan 2024
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I didn't know it was already settled law. But in that case, why are models like llama still released under licenses? If they are non-copyrightable, licenses should be unenforceable and therefore irrelevant.
The license is related to access.
Basically it's gated and not publicly available, and the only way to open the gate is to say "I promise not to do anything outside what you are limiting me to do."
A second person that gets access without agreeing to that can use the weights however they want (what copyright would relate to), but the person who gave them access to the weights would have been in breach of their agreement.
So separate things with different scopes.