They're attitude is more "this is fair use" which, according to all precedent, is probably true in most cases (unless the models actually start regurgitating huge parts of the Copyrighted material without a license).

Of course, distillation is also fair use under Copyright law.

Copyright was never meant to be a moral framework. It was always a practical framework designed to incentivize publishing that would ultimately pass into the public domain. Everybody seems to want to attribute some sort of moral weight to it though; the idea that people are naturally entitled to certain rights over things they've published. That idea would be totally alien to the people who designed the Copyright system in the first place.

▲

adrian_b 12 hours ago | parent | next [-]

"This is fair use" is just their public defense, but obviously they have never given a thought about this when hoarding data, as shown by the modest 1.5B fine of Anthropic, which they can now write off as a normal business cost.

I am completely willing to accept that "this is fair use" for any company that publishes the LLM weights, i.e. the result of processing all the copyrighted work, because they have performed a public service with this.

But when the so-called "fair use" was a method to transform public data into private data that they guard and claim that any access to it would now be IP theft and which they use to obtain huge profits, that does not look like fair use to me.

▲

dTal 12 hours ago | parent | prev | next [-]

Was it really "designed to incentivize" anything? Or was it introduced to protect a powerful, influential business model? Looking at how laws are passed now, I know which explanation I find more congruent.

▲

gruez 12 hours ago | parent | next [-]

It's literally in the constitution:

> [the United States Congress shall have power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

https://en.wikipedia.org/wiki/Copyright_Clause

	▲	dTal 5 hours ago \| parent [-]
		It literally predates the United States Constitution by hundreds of years: https://en.wikipedia.org/wiki/History_of_copyright Also, I'd be careful at taking the reasoning of political documents at face value. Many items in the Constitution are post-hoc, Lockeian/liberal justifications for a social order that was in fact largely copied over wholesale from English parliamentary monarchy, with surprisingly few tweaks.

▲

bloppe 12 hours ago | parent | prev [-]

I think the expansion of terms over time is a bit damning, but originally the term was very pro-public-domain (sometimes as low as 7 years): https://en.wikipedia.org/wiki/History_of_copyright#/media/Fi...

	▲	dTal 5 hours ago \| parent [-]
		I think we have to consider the origin of it as a concept, which predates the United States entirely and is quite a lot more damning. From the same Wikipedia page you linked: "The first copyright privilege in England bears date 1518 and was issued to Richard Pynson, King's Printer, the successor to William Caxton. The privilege gives a monopoly for the term of two years. The date is 15 years later than that of the first privilege issued in France. Early copyright privileges were called "monopolies," particularly during the reign of Queen Elizabeth, who frequently gave grants of monopolies in articles of common use, such as salt, leather, coal, soap, cards, beer, and wine. The practice was continued until the Statute of Monopolies was enacted in 1623, ending most monopolies, with certain exceptions, such as patents; after 1623, grants of letters patent to publishers became common... As the "menace" of printing spread, governments established centralized control mechanisms,[19] and in 1557 the English Crown thought to stem the flow of seditious and heretical books by chartering the Stationers' Company. The right to print was limited to the members of that guild, and thirty years later the Star Chamber was chartered to curtail the "greate enormities and abuses" of "dyvers contentyous and disorderlye persons professinge the arte or mystere of pryntinge or selling of books." The right to print was restricted to two universities and to the 21 existing printers in the city of London, which had 53 printing presses. The French crown also repressed printing, and printer Etienne Dolet was burned at the stake in 1546. As the English took control of type founding in 1637, printers fled to the Netherlands. Confrontation with authority made printers radical and rebellious, and 800 authors, printers and book dealers were incarcerated in the Bastille before it was stormed in 1789.[19]" So, to summarize: the principle of copyright came from monarchic economic protectionism and censorship. I will freely admit I didn't know this piece of history before this thread - I simply predicted it, correctly, from first principles.

▲

palmotea 9 hours ago | parent | prev | next [-]

> Copyright was never meant to be a moral framework. It was always a practical framework designed to incentivize publishing that would ultimately pass into the public domain.

A practical framework that model training breaks. Why publish a resource if it'll just get ingested by a model, and the model maker will get your customers/users instead of you? You're already seeing that with Google, which uses AI Overviews to cannibalize more and more traffic that would have once passed to a website.

▲

Ekaros 13 hours ago | parent | prev | next [-]

Certainly in Europe there is view that author has moral rights over their work. And the view has affected how international copyright framework operates.

▲

SimianSci 12 hours ago | parent | prev [-]

What a soulless take. Morality is determined socially and does not exist in a vacuum. Stealing the livlihood of artists and creators so that you can offer competing products is not an act of neutrality. It is a deeply immoral act akin to theft. Stealing does not magically become "distillation" once you've stolen from enough people that it becomes difficult to match provenance.

The law may see this as no issue, as the law cares more about protecting power, but that does not mean it isnt immoral.