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by cxr
909 days ago
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In a discussion, one should strive not just to stick to saying things that are true, but to make sure that what they're saying is both true and relevant. People should obtain their learning material legally. True statement (at least as "true" as any opinionated value judgement can be, I guess). The question is how, though, is that statement relevant here? Even by the NYT's own telling (the way that OpenAI obtained their articles was from the NYT's website) what OpenAI did was not illegal copyright infringement. The problem is that NYT is under the impression that allowing search engines to access their paywalled stuff and hoping they don't do anything else with it besides putting up conventional, Google-style SERPs makes for copyright infringement if what one of them actually wants it for involves other reasons. It doesn't. There's an adequate legal instrument available for NYT to use if they want to enforce conditions on use: a contract. Do they have a contract that somebody violated? If not, they have no cause to go after anyone. And if they do have a contract that was violated, then that's still not copyright infringement—it's a breach of their contract. |
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If I open a store you have implied permission to enter the premises, but not stay inside for 16 hours. Further the second I ask you to leave you no longer have permission to be on the premises. The store doesn’t need to add a lock or put up signs, you’re aware you don’t have permission and that’s it.