Meta's AI copyright dispute with a federal judge: The company's argument for fair use is deemed to significantly alter, potentially even erase, the market value of the original work.
Rewritten Article:
Sarah Silverman, alongside two other authors, slammed Meta Platforms and OpenAI back in 2023 with copyright infringement lawsuits, claiming their works were used unlawfully to train AI language models. Meta attempted to duck the legal consequences claiming the usage fell under the fair use doctrine, but judge Vince Chhabria seemed far from impressed:
"You're taking copyright-protected material, creating a product that can churn out an infinite number of competing products, and you don't even need to pay a licence to the originals authors..." said Chhabria to Meta's attorneys in a San Francisco court last Thursday.
In U.S copyright law, fair use grants permission to use copyrighted material without permission, providing the purpose is criticism, news reporting, teaching, or research. However, usage can also be defended under fair use as an affirmative defence in copyright infringement claims.
To determine fair use, several factors are considered, including the influence of the used work on the prevailing markets. Meta argues that AI systems study copyrighted material to produce transformative new content. Nonetheless, judge Chhabria couldn't seem to find a place for this argument, saying:
"It's a highly unusual case. Sure, the copying is for a highly transformative purpose, but with a high likelihood of flooding the markets for the original works."
Meta's attorney, Kannon Shanmugam, insisted that copyright holders should not be protected from competition in the marketplace of ideas, provoking a response from Chhabria:
"Oh, so stealing ideas to propel your own is copyright infringement, right?"
However, the judge also took issue with David Boies, the plaintiff's attorney, due to insufficient evidence regarding the potential market impacts from Meta's alleged conduct.
"It seems like you're asking me to speculate on how Sarah Silverman's memoir could be impacted by potential creations from Meta's AI..." said Chhabria.
As the case continues, judge Chhabria seems intent on holding both sides accountable.
Andy EdserAndy dabbled with gaming PCs at 12, when IDE cables were still a thing, and high-resolution wasn't commonplace. Now, as a hardware writer for PC Gamer, Andy's attended global product launches and trade shows, reviewing every PC hardware under the sun that piques his interest. Boundless opinions included, of course.
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Current Status of the Lawsuit
- The legal battle between Silverman, OpenAI and Meta Platforms is ongoing. Previous hearings regarding complaint updates have been vacated due to a transfer in OpenAI's case to the Southern District of New York [1].
- Judge Vince Chhabria has expressed skepticism towards Meta Platforms' fair use argument for using copyrighted material to create a product that may in turn produce an infinite number of competing works [3][5].
Arguments Surrounding Fair Use
- U.S copyright law stipulates that fair use allows the use of copyrighted material without permission, provided the purpose is transformative (e.g. criticism, reporting, teaching, or research) [3].
- Judge Chhabria's skepticism suggests concern about the potential economic impact on the original authors as their works are used without compensation to produce competing works, effectively eroding the market for their original creations [3][5].
- Key considerations in determining fair use include purpose and character, nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for or value of the copyrighted work [3].
- If found in violation, Meta Platforms may face copyright infringement allegations, potentially causing financial repercussions stemming from the unauthorized use of copyrighted material.
- Andy, the hardware writer for PC Gamer, has a history of gaming as early as 12, where IDE cables were still commonly used, and high-resolution wasn't commonplace.
- In a recent Shift in the legal landscape, Sarah Silverman, along with two other authors, has filed copyright infringement lawsuits against Meta Platforms and OpenAI, alleging their works were unlawfully used to train AI language models.
- As the case unfolds, Judge Vince Chhabria, noting Meta's use of copyrighted material to create an infinite number of potential competing works, has expressed skepticism towards Meta's fair use argument.
- Andy, with his extensive experience in the gaming world, might find it interesting to consider the potential implications of this case on the technology industry's usage of copyrighted material.
- In the realm of technology, the likelihood of a high market impact on original authors as their works are used to create competing works, without proper compensation, is a pressing concern which Judge Chhabria has echoed in the ongoing Silverman, OpenAI, and Meta Platforms lawsuit.
