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by 6gvONxR4sf7o 1813 days ago
You're missing the fair use aspects. Check out this article on fair use [0].

> In 1994, the U.S. Supreme Court reviewed a case involving a rap group, 2 Live Crew, in the case Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994)... It focused on one of the four fair use factors, the purpose and character of the use, and emphasized that the most important aspect of the fair use analysis was whether the purpose and character of the use was "transformative."

It has some neat examples and explanation.

[0] https://www.nolo.com/legal-encyclopedia/fair-use-what-transf...

1 comments

There are far more current precedents that apply here, and they do not trend in Github's favor -- as I noted previously, Williams v. Gaye (9th Cir. 2017) is going to be very interesting in this case. I am sure several people in Microsoft's legal department set parameters on the model training and that they felt that they were standing on solid ground, but I am also sure that there are a few associate professors in various law schools around the country who are salivating at the opportunity to take a run against this and make a name for themselves.