Courts can’t stick their heads in the sand to an obvious way that a new technology might severely harm the incentive to create, just because the issue has not come up before. Indeed, it seems likely that market dilution will often cause plaintiffs to decisively win the fourth factor—and thus win the fair use question […]| The Illusion of More
Over the past few years, we have seen the number of AI training copyright infringement/fair use court cases steadily climb and waited with great anticipation for the day when decisions in these cases started to| Copyright Alliance
Although I have expressed aspects of these views in several posts over the past couple of years, I will try to consolidate my opinion as to why GAI training with protected creative works is a more problematic fair use consideration than many, even the courts, seem to believe. I acknowledge that even fellow copyright advocates […] The post Finding Fair Use for GAI Training is Highly Problematic appeared first on The Illusion of More.| The Illusion of More
In AWF v. Goldsmith, the Supreme Court reins in the "transformativeness" blob, keeping it from swallowing the derivative works right.| The Illusion of More
