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1 year agoOpenAI: “Our AI is so powerful it’s an existential threat to humanity if we don’t solve the alignment issue!”
Also OpenAI: “We can devote maybe 20% of our resources to solving this, tops. We need the rest for parlor tricks and cluttering search results.”
No, not least because almost nothing in this area is self-evident due to the state of caselaw at the moment.
Putting aside for the moment the question of whether “generative” implies “transformative” in the specific sense under discussion in copyright law, the definition of “transformative” in this context is highly contentious, and courts have avoided defining it in an unambiguous way. Even here, the courts will probably avoid answering these questions if at all practical.
This is a big part of why fair use is in such a bad state right now: no predictability in how courts will rule on it as a defense, plus no way to keep you out of courts in the first place.