"Without any legal right to do so" is for the courts to decide. And so far, the courts are very much not deciding the way you want them to.
"Fair use" counters "without license and without permission" hard. The argument that training AI on scraped data is "fair use" and the resulting model outputs are "transformative works" has held up in courts. Anthropic got dinged for downloading pirated books, but not for throwing the ones they didn't pirate down the training pipeline.
Some countries, like Japan, have amended their copyright laws to make AI training categorically legal. Others are in "fair use clauses" grey areas with courts deciding case by case based on precedent and interpretation. So trying to latch onto copyright law is, as it always was, the wrong move. Copyright never favored the small guy. Stupid to expect that it suddenly will.
> The argument that training AI on scraped data is "fair use" and the resulting model outputs are "transformative works" has held up in courts.
Nope. Nope. Nope. That has explicitly not been ruled on yet. Transformative means that you don't need a fair use defense. Anthropic has only gotten away with their outputs being called transformative so far because they put a dubiously effective filter in front to block the most egregious infringing outputs. No one has actually challenged this afaik.
"Fair use" counters "without license and without permission" hard. The argument that training AI on scraped data is "fair use" and the resulting model outputs are "transformative works" has held up in courts. Anthropic got dinged for downloading pirated books, but not for throwing the ones they didn't pirate down the training pipeline.
Some countries, like Japan, have amended their copyright laws to make AI training categorically legal. Others are in "fair use clauses" grey areas with courts deciding case by case based on precedent and interpretation. So trying to latch onto copyright law is, as it always was, the wrong move. Copyright never favored the small guy. Stupid to expect that it suddenly will.