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this post was submitted on 29 Jan 2024
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Technology
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By and large copyright infringement is illegal. That some things aren't infringement doesn't change that a general stance of "if I don't have permission, I can't copy it" is correct. The first argument in the EFF article is effectively the title: "it can't be copyright, because otherwise massive AI models would be impossible to build". That doesn't make it fair use, they just want it to become so.
The purpose of copyright is to promote the sciences and useful arts. To increase the depth, width, and breadth of the public domain. "Fair Use" is not the exception. "Fair Use" is the fundamental purpose for which copyrights and patents exist. Copyright is not the rule. Copyright is the exception. The temporary exception. The limited exception. The exception we grant to individuals for their contribution to the public.
If that is, indeed, true, and if AI is a progression of science or the useful arts, then it is copyright that must yield, not AI.