[redcobra762]

If you reproduce the material from a work you've purchased then of course you're in violation of copyright, but that's not what an LLM does (and when it does I already conceded it's in violation and should be stopped). An LLM that doesn't "sell goods with movie characters" is not in violation.

And the harm you describe is not a recognized harm. You don't own information, you own creative works in their entirety. If your work is simply a reference, then the fact being referenced isn't something you own, thus you are not harmed if that fact is shared elsewhere.

It is an abuse of the courts to attempt to prevent people who have purchased your works from using those works to train an LLM. It's morally wrong.

[CaptainFever]

> It is worse than ineffective; it is wrong too, because software developers should not exercise such power over what users do. Imagine selling pens with conditions about what you can write with them; that would be noisome, and we should not stand for it. Likewise for general software. If you make something that is generally useful, like a pen, people will use it to write all sorts of things, even horrible things such as orders to torture a dissident; but you must not have the power to control people's activities through their pens. It is the same for a text editor, compiler or kernel.

Sorry for the long quote, but basically this, yeah. A major point of free software is that creators should not have the power to impose arbitrary limits on the users of their works. It is unethical.

It's why the GPL allows the user to disregard any additional conditions, why it's viral, and why the FSF spends so much effort on fighting "open source but..." licenses.

[codedokode]

To load a printed book into a computer one has to reproduce it in digital form without authorization. That's making a copy.

[redcobra762]

Making a digital copy of a physical book is fair use under every legal structure I am aware of.

When you do it for a transformative purpose (turning it into an LLM model) it's certainly fair use.

But more importantly, it's ethical to do so, as the agreement you've made with the person you've purchased the book from included permission to do exactly that.

[seadan83]

Per the ruling, the problem is the books were not purchased, they were downloaded from black market websites. It's akin to shoplifting, what you do later with the goods is a different matter.

Reasonable minds could debate the ethics of how the material was used, this ruling judged the usage was legal and fair use. The only problem is the material was in effect stolen.