I think the jury is still out on how fair use applies to AI. Fair use was not designed for what we have now.
I could read a book, but its highly unlikely I could regurgitate it, much less months or years later. An LLM, however, can. While we can say "training is like reading", its also not like reading at all due to permanent perfect recall.
Not only does an LLM have perfect recall, it also has the ability to distribute plagiarized ideas at a scale no human can. There's a lot of questions to be answered about where fair use starts/ends for these LLM products.
I could read a book, but its highly unlikely I could regurgitate it, much less months or years later. An LLM, however, can. While we can say "training is like reading", its also not like reading at all due to permanent perfect recall.
Not only does an LLM have perfect recall, it also has the ability to distribute plagiarized ideas at a scale no human can. There's a lot of questions to be answered about where fair use starts/ends for these LLM products.