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Hot news for the sea lion in my comments bothering everyone about how training data is fair use www.courthousenews.com/ai-training-...

courthousenews.comAI training of copyrighted material not fair use: Third CircuitUsing someone else's "creative spark" to start a competing business runs afoul of copyright law, the panel found.

The Questionable Authority

@questauthority.bsky.social

I don't think this is a holding that authors and artists should celebrate, regardless of their views on AI. It relies heavily on the judges holding that short (sometimes as short as a tweet), fact-heavy statement that can only be expressed in a small number of ways are protectable.

The Questionable Authority

@questauthority.bsky.social

The ruling, in my view, does more to threaten the merger doctrine (which exists to ensure that people can't gain a monopoly over things that can only be expressed a few ways) than it does as a means of limiting AI. (The ruling is explicitly limited to this case's unusual fact pattern.)

Mike Masnick

@masnick.com

Yeah. This case was really specific on facts that are quite different than most of the "is training fair use" cases. I find it odd that people keep pointing to it as anything bigger on fair use. But also, this case's discussion of merger doctrine... seems really problematic to me?

6/10/26, 2:55 pm0 reposts20 likes

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