Technology

I've had this discussion before, but that's not how copyright exceptions work.

Right or wrong (it hasn't been litigated yet), AI models are being claimed as fair use exceptions to the use of copyrighted material. Similar to other fair uses, the argument goes something like:

"The AI model is simply a digital representation of facts gleamed from the analysis of copyrighted works, and since factual data cannot be copyrighted (e.g. a description of the Mona Lisa vs the painting itself), the model itself is fair use"

I think it'll boil down to whether the models can be easily used as replacements to the works being claimed, and honestly I think that'll fail. That the models are quite good at reconstructing common expressions of copyrighted work is novel to the case law, though, and worthy of investigation.

But as someone who thinks ownership of expressions is bullshit anyway, I tend to think copyright is not the right way to go about penalizing or preventing the harm caused by the technology.