On Wed, 5 Aug 2026 at 15:09, Adrian Bunk <[email protected]> wrote:
> Regarding model output, a judge in New York wrote last year:
>
> Turning to the merits, the Court must determine whether the Consolidated
> Class
> Action Complaint adequately pleads an output-based infringement claim.
> It does.[2]
>
> This is not a decision on the merits, but it is an ongoing lawsuit where
> the judge did compare training data and model output in the decision not
> to dismiss.
Notable in the same opinion that the "fair use" was not yet cosnidered at
all, purely on procedural grounds - "A court cannot engage in the fair use
inquiry until it
has been presented with facts relevant to evaluating the fair use factors."
The outputs presented in the case do not really differ much in
principle from Wikipedia or Goodreads summaries of the same books. Any
decision ruling that as derivative work requiring licenses would also kill
Wikipedia, Goodreads, IMDB and hundreds of other places on the Internet
that describe and books, tv shows or movies in any kind of detai. It would
be laughable and soon overturend.
--
Best regards,
Aigars Mahinovs
