Comment Re:This is interesting legally (Score 1) 23
Yeah, that latter one basically focused on the fact the output looked verbatim like the 'training' material, so the judgement was that AI was more an excuse than a demonstrable transformative thing.
Note in some other case I recall the AI company arguing that the ingest and training of material is 'transformative' but the engines could be used to violate copyright, but then the *operator* would be on the hook for infringement, as the operator supplied the prompt that resulted in infringement.
There was also that OpenAI deal with Disney that was going to let Disney characters be used in OpenAI output but that got dropped. Lots of mixed assumptions in play with the AI companies asserting that they don't need permission, getting permission or forcing permission anyway, and shifting responsibility to the users.