Rights, ethics and the argument

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The cases, and where they have got to

Lesson 2 of 11 in Rights, ethics and the argument.

How Much Legal Trouble Are AI Firms In? · Bloomberg Intelligence
Lesson

There are two legal questions here and they get conflated constantly, including by people who ought to know better. Whether training on copyrighted material is itself infringement. And whether a particular output infringes a particular work. The second is ordinary copyright law. The first is new, unsettled, and in front of several courts at once.

Two separate balance scales on a long bench. The first weighs a tall stack of small pictures against an empty pan, its beam level and undecided. The second weighs one picture against a very similar original.
Two scales, two questions. Keep them apart, because courts are deciding them separately.
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  1. Question 1, locked

    Which of these words means this? “Using a protected work in a way the law reserves to its owner.”

    • Augmentation
    • Data centre water
    • Web-scraped dataset
    • Infringement
  2. Question 2, locked

    Which of these words means this? “A defence in United States law, decided case by case. Not a general permission.”

    • Displacement
    • Fair rate
    • Fair use
    • Sectoral rule
  3. Question 3, locked

    Which of these words means this? “A narrower European provision, with conditions and an opt-out.”

    • Text and data mining exception
    • Voice cloning
    • C2PA
    • House position

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