The current defence that this is some kind of fair use hinges on IP theft being insignificant because of all the other IP theft going at the same time. Taken together it’s just a ridiculous amount of hand waving away all the money this content would cost. It’s a big tech model of „break stuff, ask permission later”. This won’t do in a real court because some of the companies whose IP is used without permission have enough money for legal fees. Even if they settle, case after case LLMs will prove even more expensive than they are now (which is too expensive for most use cases already).
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