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397 points pyman | 5 comments | | HN request time: 0.857s | source
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dehrmann ◴[] No.44491718[source]
The important parts:

> Alsup ruled that Anthropic's use of copyrighted books to train its AI models was "exceedingly transformative" and qualified as fair use

> "All Anthropic did was replace the print copies it had purchased for its central library with more convenient space-saving and searchable digital copies for its central library — without adding new copies, creating new works, or redistributing existing copies"

It was always somewhat obvious that pirating a library would be copyright infringement. The interesting findings here are that scanning and digitizing a library for internal use is OK, and using it to train models is fair use.

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6gvONxR4sf7o ◴[] No.44491944[source]
You skipped quotes about the other important side:

> But Alsup drew a firm line when it came to piracy.

> "Anthropic had no entitlement to use pirated copies for its central library," Alsup wrote. "Creating a permanent, general-purpose library was not itself a fair use excusing Anthropic's piracy."

That is, he ruled that

- buying, physically cutting up, physically digitizing books, and using them for training is fair use

- pirating the books for their digital library is not fair use.

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jasonlotito ◴[] No.44492665[source]
From my understanding:

> pirating the books for their digital library is not fair use.

"Pirating" is a fuzzy word and has no real meaning. Specifically, I think this is the cruz:

> without adding new copies, creating new works, or redistributing existing copies

Essentially: downloading is fine, sharing/uploading up is not. Which makes sense. The assertion here is that Anthropic (from this line) did not distribute the files they downloaded.

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1. codedokode ◴[] No.44492681[source]
Downloading and using pirated software in a company is fine then as long as it is not shared outside? If what you describe is legal it makes no sense to pay for software.
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2. jasonlotito ◴[] No.44492840[source]
> Downloading a document is fine as long as it is not shared outside?

I've fixed your question so that it accurately represents what I said and doesn't put words in my mouth.

If I click on a link and download a document, is that illegal?

I do not know if the person has the right to distribute it or not. IANAL, but when people were getting sued by the RIAA years back, it was never about downloading, but also distribution.

As I said, IANAL, but feel free to correct me, but my understanding is that downloading a document from the internet is not illegal.

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3. CaptainFever ◴[] No.44493263[source]
> it was never about downloading, but also distribution.

Did you mean to write "but about distribution" here?

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4. pyrale ◴[] No.44493279[source]
sci-hub suddenly becomes legal if all researchers adhere to one big company, apparently.

After all, illegally downloading research papers in order to write new ones is highly transformative.

5. jasonlotito ◴[] No.44494366{3}[source]
Yes, thank you for catching that. Unfortunately, I cannot edit it now.