[o11c]

Another fundamental difference: OpenAI explicitly markets their tool as a replacement for the copyrighted material it was trained on. This is most explicit for image generation, but applies to text as well.

As a reminder, the 4 factors of "fair use" in the United States:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work;

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value of the copyrighted work.