this post was submitted on 20 Sep 2023
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Suing anyone for copyright infringement based on current infringement always includes justification that includes current and future potential losses. You don't get paid for the potential losses, but they are still justification for them to stop infringing right now.
There is no current infringement unless they've discovered some knockoff series that was created with AI and is being used for profit. That's what I'm saying.
The copyright holders did not give OpenAI permission to copy their text into OpenAI, whether as direct text or an abstracted copy of the text, for commercial purposes.
That isn't infringement. Any more than transformative work is.
An "abstract copy" of a text is perfectly legal, e.g. Wikipedia Plot synopsis. Even verbatim copies can be legal.
Google had a lawsuit about this when they were doing their book scanning project and they won. It's fair use. And that was copying, word for word, GPT just gather some vague ideas of the work, it doesn't store or has access to actual copies.