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US Copyright Office to AI Companies: Fair Use Isn't 'Commercial Use of Vast Troves of Copyrighted Works'

1 month ago
Business Insider tells the story in three bullet points: - Big Tech companies depend on content made by others to train their AI models. - Some of those creators say using their work to train AI is copyright infringement. - The U.S. Copyright Office just published a report that indicates it may agree. The office released on Friday its latest in a series of reports exploring copyright laws and artificial intelligence. The report addresses whether the copyrighted content AI companies use to train their AI models qualifies under the fair use doctrine. AI companies are probably not going to like what they read... AI execs argue they haven't violated copyright laws because the training falls under fair use. According to the U.S. Copyright Office's new report, however, it's not that simple. "Although it is not possible to prejudge the result in any particular case, precedent supports the following general observations," the office said. "Various uses of copyrighted works in AI training are likely to be transformative. The extent to which they are fair, however, will depend on what works were used, from what source, for what purpose, and with what controls on the outputs — all of which can affect the market." The office made a distinction between AI models for research and commercial AI models. "When a model is deployed for purposes such as analysis or research — the types of uses that are critical to international competitiveness — the outputs are unlikely to substitute for expressive works used in training," the office said. "But making commercial use of vast troves of copyrighted works to produce expressive content that competes with them in existing markets, especially where this is accomplished through illegal access, goes beyond established fair use boundaries." The report says outputs "substantially similar to copyrighted works in the dataset" are less likely to be considered transformative than when the purpose "is to deploy it for research, or in a closed system that constrains it to a non-substitutive task." Business Insider adds that "A day after the office released the report, President Donald Trump fired its director, Shira Perlmutter, a spokesperson told Business Insider."

Read more of this story at Slashdot.

EditorDavid

CodeSOD: Would a Function by Any Other Name Still be WTF?

1 month ago

"Don't use exception handling for normal flow control," is generally good advice. But Andy's lead had a PhD in computer science, and with that kind of education, wasn't about to let good advice or best practices tell them what to do. That's why, when they needed to validate inputs, they wrote code C# like this:

public static bool IsDecimal(string theValue) { try { Convert.ToDouble(theValue); return true; } catch { return false; } }

They attempt to convert, and if they succeed, great, return true. If they fail, an exception gets caught, and they return false. What could be simpler?

Well, using the built in TryParse function would be simpler. Despite its name, actually avoids throwing an exception, even internally, because exceptions are expensive in .NET. And it is already implemented, so you don't have to do this.

Also, Decimal is a type in C#- a 16-byte floating point value. Now, I know they didn't actually mean Decimal, just "a value with 0 or more digits behind the decimal point", but pedantry is the root of clarity, and the naming convention makes this bad code unclear about its intent and purpose. Per the docs there are Single and Double values which can't be represented as Decimal and trigger an OverflowException. And conversely, Decimal loses precision if converted to Double. This means a value that would be represented as Decimal might not pass this function, and a value that can't be represented as Decimal might, and none of this actually matters but the name of the function is bad.

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Remy Porter