• archomrade [he/him]@midwest.social
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    9 months ago

    Copyright is absolute. The rightsholder has complete and total right to dictate how it is copied.

    Really and truly, this is not how this works. The exemptions granted by the office of the registrar are granting an exemption to copyright claims against fair uses. It isn’t talking about whether the claim can be awarded damages, it’s talking about the claim being exempt in entirety. You can think about copyright as an exemption to the first amendment right to free speech, and the exemption to copyright as describing where that ‘right’ does not apply. Copyright holders do not get to control the use of their work where fair use has been determined by the registrar, which is reconsidered every 3 years.

    This is all just pedantry, though, and has no practical significance. Saying “fair use means copyright has not been infringed” doesn’t change anything.

    True enough, but it seems like it’s important for your understanding in how copyright works.

    Or perhaps rather some kind of 3D array - which could just be considered an advanced form of database. But yeah, you’re right here, you win this pedantry round lol. 1-1.

    I wasn’t being pedantic, that distinction is important for how copyright is conceptualized. The AI model is the thing being considered for infringement, so it’s important to note that the works being claimed within it do not exist as such within the model. The ‘3-d array’ does not contain copyrighted works. You can think of it as a large metadata file, describing how to construct language as analyzed through the training data. The nature and purpose of the ‘work’ is night-and-day different from the works being claimed, and ‘database’ is a clear misrepresentation (possibly even intentionally so) of what it is.

    Yeah I don’t want to go down the avenue of suing the AI itself for infringement.

    That was exactly what you pivoted to in your comment here, i’m not sure why you’re now saying you don’t want to go down that avenue. I’m confused what you’re arguing at this point.

    Although, I was much happier replying to you before I just saw the downvotes you’ve apparently given me across the board. That’s a bit poor behaviour on your part, you shouldn’t downvote just because you disagree - and you can’t even say that I’m wrong as a justification when the whole thing is being heavily debated and adjudicated over whether it is right or wrong.

    I’ve down-voted your comments because they contain inaccuracies and could be misleading to others. You shouldn’t let my grading of your comments reflect my attitude towards you; i’m sure you’re a fine individual. Downvotes don’t mean anything on Lemmy anyway, i’m not sure ‘spitting in your face’ is a fair or accurate description, but I don’t want to invalidate your feelings, so I apologize for making you feel that way as that wasn’t my intent.