Comment Re:How this may play out (Score 1) 70
Comment Re:How this may play out (Score 1) 70
Comment Re:How this may play out (Score 1) 70
Comment How this may play out (Score 4, Insightful) 70
Comment Re:So? (Score 1) 49
Comment Re: So what (Score 1) 140
Comment Re:So what (Score 1) 140
Comment Re:So what (Score 1) 140
You keep quoting Anthorpic's arguments, try actually reading what the judge thought of those arguments?
At no point have I quoted Anthropic's arguments above.
You are misreading the part where you put it in on page 18. "This order disagrees" is referring to the sentence right before, about claiming that using it to train an LLM is inherently transformative. The next sentence then is relevant. That sentence which you quoted was "However, this order holds that the mere conversion of a print book to a digital file to save space and enable searchability was transformative for that reason alone."
Note the word used there; "conversion." Not scanning, but conversion. Similarly, where you quote "Anthropic was entitled to retain a copy of these works in a print format" does not mean what you think it means. That sentence is referring to if Anthropic had format shifted to a still printed version but had destroyed the original. The judge further makes this clear when at the end of the opinion, when the analysis is summarized on page 30 and 31, they write "On balance, as the purchased print copy was destroyed and its digital replacement not redistributed, this was a fair use." If that we're not an important part of their reasoning it wouldn't end up in that summary.
The important context here you may be missing is that this entire opinion is in the context of Hachette v. Internet Archive where non-destructive digitization was ruled not fair use. This opinion is carving out that what Anthropic did in that broader context. So if Anthropic had not engaged in the destruction, they might have won still on that, but that's not the situation that was in front of the court. So now, unless someone wants to risk relitigating, they are going to follow exactly what Anthropic did, so this essentially forces it in practice. See if it helps also the comment by AleRunner above which makes functionally the same point phrased a bit differently.
Comment Re: So what (Score 1) 140
Comment Re:So what (Score 1) 140
Comment Re: So what (Score 2, Insightful) 140
Comment Re:So what (Score 1) 140
Here, every purchased print copy was copied in order to save storage space and to enable searchability as a digital copy. The print original was destroyed. One replaced the other. And, there is no evidence that the new, digital copy was shown, shared, or sold outside the company. This use was even more clearly transformative than those in Texaco, Google, and Sony Betamax (where the number of copies went up by at least one), and, of course, more transformative than those uses rejected in Napster (where the number went up by “millions” of copies shared for free with others).
There are some prior other rulings which did go the other way about format shifting, with Capitol Records v. ReDigi being one example, but in this case, the ruling is explicit. Now, what did happen with the settlement is that there was some question of whether this would get overturned on appeal, and some experts suggested it would. Due to the settlement happening, the degree to which this stands as a precedent is more complicated since it never got past a district court ruling.
Comment Re:So what (Score 4, Informative) 140
Comment What does "rare" mean here, and other issues (Score 1, Troll) 140
One of the obvious issues here is what does "rare" mean. Do they mean genuinely rare books in the sense of old, unique books? The last time this sort of claim was being made it turned out that all the books were books being ordered with specific ISBN numbers. If a book is modern enough to have an ISBN, it is hard to see it as meaningfully rare for this purpose. These are at worse going to be things like a random sword-and-sorcery novel from 1975 or a car maintenance manual. These things end up with book sellers all the time, and are frequently thrown out. People seem to assign a special sacredness to books, which I totally get; I hate throwing out a book, even when it is bad shape. But my wife works in a library, and they throw books out all the time; often books that are in bad shape, or books that no one has checked out in 20 years and have no resale value. Not too long ago, they threw out a whole bunch of test prep books (SAT, AP, and LSAT if I recall correctly) for versions of the tests from 2015ish. Book sellers do the same thing all the time.
So is there a real issue here or is just another "Get angry at the big tech companies" talking point, even before we get to the point that under Bartz v. Anthropic and other court rulings, these companies essentially have to destroy the books they scan in order to be legally protected?
There are some pretty criticisms of Amazon, and of all the major AI companies right now. But I'm failing to see why of all the concerns, this should be getting a lot of attention.