This is your reminder that one of the fair use factors is whether there is commercial value for that particular use, and very clearly, there is. Really hard to make the argument that downloading a fuckton of pirated books to feed the machine was “fair use” at this point. - ThreadSky

courtneymilan.com • 104 days ago

This is your reminder that one of the fair use factors is whether there is commercial value for that particular use, and very clearly, there is.

Really hard to make the argument that downloading a fuckton of pirated books to feed the machine was “fair use” at this point.

Reposted from Daniel Kibblesmith

Abominable.

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kcrowe.bsky.social•104 days ago

Also "we can't tell you who it is but they are super great, just trust us!"

megaforte84.bsky.social•104 days ago

Especially since the current norm with reputable publishers is 'keep copyright, sell individual rights', so author gets one-time payment to license work for AI training for AND doesn't get to find out until they're out for a bunch of billable hours if someone they're suing is the only one licensed?

avidangerzone.bsky.social•104 days ago

Not to mention one of the other factors is the size and extent of the taking and...the whole book is a pretty extensive taking.

courtneymilan.com•104 days ago

Yeah, it’s like “we’re using it commercially, this is worth at least $2500 for a three year license, we took the entirety of your work.”

Okay?

avidangerzone.bsky.social•104 days ago

Yeah obviously commercial use alone isn't a killer otherwise Weird Al would be out of business but with everything put together? No chance.

chimaera.bsky.social•104 days ago

Meanwhile preserving playable old games with little commercial appeal is banned. Make it make sense, Courtney.

amyhoy.bsky.social•104 days ago

can future lawsuits against the thieves use this sort of deal as evidence against their claim that it’s valueless?

courtneymilan.com•104 days ago

Of course they can.

amyhoy.bsky.social•103 days ago

cool. wasn’t sure what counted as evidence if from another company etc. this is good stuff!

area6cgi.bsky.social•104 days ago

Starve the machines! And eat the rich.

hankdolworth.com•104 days ago

I’m just wondering how the title “Santa’s Helper” is considered nonfiction…?

hankdolworth.com•104 days ago

Husband*

wanderindreamr.bsky.social•104 days ago

I just can't get over only paying $2.5k for a three year licensing deal for commercial use! (aside from the fact that once you feed something into the corpus it's never coming back out)

courtneymilan.com•104 days ago

It’s both too little, but ALSO Harper Collins publishes like 10K titles a year?? That’s like, 25 million dollars for every year of their catalog, easily like a quarter of a billion dollars for this one time license?

My GOD do they need data.

They should ask for more money.

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