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@inthehands ok. Let it be over then.

@inthehands If the four factors test still applies in practice (lol, lmfao), I’ll grant them transformative, but on each of the other three, the ML argument fails as completely as it is possible to fail, imho.

@donaldball
Indeed. I would even argue that if they want to argue that it •doesn’t• fail the “impact on potential market” test, that’s an admission that their entire product pitch is BS. Either AI can replace the humans who do this work or it can’t; you can’t have that cake and eat it too.

@inthehands Yeah. They seem to be arguing that it doesn’t impact the market for the original works as the LLMs won’t reproduce them perfectly, but that obviously seems like a conveniently limited definition of the market. One that is, as you say, obviously flouted by their marketing and occasionally honest public statements.

@inthehands

no openai et al and copyright supported/valid.

seems like win-win to me.