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The thing is, your first part isn’t accurate either. The use does not have to be commercial for copyright to be enforced.
If I make 100 photocopy versions of a popular book and give them away on the street, it’s still copyright infringement even if I am losing a ton of money on the photo copies.
This is part of why piracy is still illegal. It’s free but it’s still copyright infringement.
Cory Doctrow has a much more articulate argument than me and I encourage you to read it.
But, no. Training is almost certainly fair use. It’s basically just consuming and doing statistics, the same actions are done everyday both locally and remotely for all kinds of services from search and beyond. While they were “in the lab” the outputs were not widely distributed and what distribution did occur didn’t impact any commercialization of any of the inputs.
The thing is, your first part isn’t accurate either. The use does not have to be commercial for copyright to be enforced.
If I make 100 photocopy versions of a popular book and give them away on the street, it’s still copyright infringement even if I am losing a ton of money on the photo copies.
This is part of why piracy is still illegal. It’s free but it’s still copyright infringement.
Cory Doctrow has a much more articulate argument than me and I encourage you to read it.
But, no. Training is almost certainly fair use. It’s basically just consuming and doing statistics, the same actions are done everyday both locally and remotely for all kinds of services from search and beyond. While they were “in the lab” the outputs were not widely distributed and what distribution did occur didn’t impact any commercialization of any of the inputs.