| > You are missing the point. No, I am disagreeing with the point, because it's completely wrong. > Copyright law and the copyright act, not general contract law, governs whether a contract provision relating to AI output can be enforced by Anthropic No, it doesn't. There is no provision of copyright law that limits terms of contracts covering AI outputs. > It's not different than if Anthropic included a provision saying you won't print out the text of Moby Dick. This is true, but undermines your point. > Anthropic doesn't own copyright on Moby Dick and can't enforce a contract provision related to it. Actually, providing services that allow you to produce output can enforce provisions prohibiting reproducing works they don't own the copyright to (and frequently do adopt and enforce rules prohibiting this for things other people own the copyright to). > Like I said I can be convinced I'm wrong based on a legal analysis from a neutral party but you seem to be arguing from first principles. You seem to be arguing from first principles that are entirely unrelated to the actual principles, statutory content of, or case law of contracts or copyrights, and I have no idea where they come from, but, sure, believe whatever you want, it doesn't cost me anything. |
https://perkinscoie.com/insights/blog/does-copyright-law-pre...
It seems courts are split:
"In jurisdictions that follow the Second Circuit's more restrictive approach, plaintiffs may be limited to bringing copyright infringement claims when the scope of license terms or other contractual restrictions on the use of works has been exceeded. Plaintiffs who do not own or control the copyright interest in the licensed work, however, will not be able to bring such claims and may be left without an enforcement mechanism under traditional contracting approaches."