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by FemmeAndroid
1807 days ago
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It would help the transformativeness, but it would substantially change the effect upon the market. By creating competing products with the copyrighted material, there is a higher degree of transformative, but you also end up disrupting the marketplace. I don't know how a court would decide this, but I do think the facts in future GPT-3 cases are sufficiently different from Author's Guild that I could see it going any way. Plus, I think the prevalence of GPT-3 and the ramifications of the ruling one way or another could lead some future case to be heard by the Supreme Court. A similar case could come up in California, or another state where the 2nd Circuit Artist Guild case isn't precedent. |
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