[ButlerianJihad]

You don’t know what “Fair Use” is.

Fair Use is not an activity that you engage in. Fair Use is not a category with criteria that you meet. Fair Use is not a precedent that paves the way for everything afterwards.

Fair Use is a defense that can be used in court when you’re named in a copyright lawsuit. Fair Use is how you justify your actions before the court finds infringement.

[hn_acker]

Fair use is a legal defense with a specific test to demonstrate whether a particular instance of use of a copyrighted work is not infringement. Although fair use is always evaluated on a case by case basis, fair use does produce some precedent (example at [1], not related to TFA), and fair use is not mere justification [2]:

> Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work... is not an infringement of copyright.

[1] https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_....

[2] https://www.law.cornell.edu/uscode/text/17/107

[phoghed]

Sure, everywhere it’s been legally tested so far and there’s been a conclusion, the outcome has been in favor of the LLM trainer. They just can’t steal the books, they have to pay for them. So claims by random HN users that it’s IP theft and copyright infringement and all that are currently incorrect.

Now if you look at how fair use is used colloquially, everyone understood what I meant except the autistic pedants.

[gruez]

>>It’s been determined that training on lawfully acquired works is fair use

>You don’t know what “Fair Use” is.

This isn't the opinion of some armchair HN commenter. Actual judges have affirmed this, as other commenters in this thread has pointed out.

[Marsymars]

Depends on jurisdiction, clearly.

e.g. Canada doesn't have fair use, but from wiki on fair dealing in Canada, "According to the Supreme Court of Canada, it is more than a simple defence; it is an integral part of the Copyright Act of Canada, providing balance between the rights of owners and users."

[parineum]

s/fair use/ip theft

The comment uses the same language as it's parent.