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seems to imply that the liability in that case would rest with Hugging Face or whatever service runs the model / uses it to infringe. Having created a model that *could* infringe is not actionable here. Finally, not a practical point, but this analogy will piss ppl off and I'm glad.
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Yeah, I agree the question of liability in that case isn’t directly addressed. I started out confident but eventually worked around to reconsidering: bsky.app/profile/tedu...
I feel a little bit of uncertainty about point (4). Alsup's ruling does not directly address the legality of, say, open-sourcing Claude. So maybe, to be maximally cautious, don't share models that could produce an infringing copy. (But academic budgets aren't v likely to produce models that big.)
Oh, and if you want to consult the original, see below. Glad this did not settle out of court. That would have really screwed over academic researchers and libraries without big legal staffs. bsky.app/profile/eriq...
🚨BREAKING: Federal judge concludes that using copyrighted works to train generative A.I. is transformative and ultimately a fair use. (Nevertheless, Anthropic can’t beat the lawsuit because it pirated books for another purpose too.) First of kind ruling. www.documentcloud.org/documents/25...