https://arstechnica.com/tech-policy/2024/02/why-the-new-york-times-might-win-its-copyright-lawsuit-against-openai/

Daniel Jeffries wrote:

“Trying to get everyone to license training data is not going to work because that’s not what copyright is about,” Jeffries wrote. “Copyright law is about preventing people from producing exact copies or near exact copies of content and posting it for commercial gain. Period. Anyone who tells you otherwise is lying or simply does not understand how copyright works.”

The AI community is full of people who understand how models work and what they’re capable of, and who are working to improve their systems so that the outputs aren’t full of regurgitated inputs. Google won the Google Books case because it could explain both of these persuasively to judges. But the history of technology law is littered with the remains of companies that were less successful in getting judges to see things their way.