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397 points pyman | 5 comments | | HN request time: 0s | 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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throwawayffffas ◴[] No.44492103[source]
So all they have to do is go and buy a copy of each book they pirated. They will have ceased and desisted.
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superfrank ◴[] No.44492200[source]
I'm trying to find the quote, but I'm pretty sure the judge specifically said that going and buying the book after the fact won't absolve them of liability. He said that for the books they pirated they broke the law and should stand trial for that and they cannot go back and un-break in by buying a copy now.

Found it: https://www.nbcnews.com/tech/tech-news/federal-judge-rules-c...

> “That Anthropic later bought a copy of a book it earlier stole off the internet will not absolve it of liability for the theft,” [Judge] Alsup wrote, “but it may affect the extent of statutory damages.”

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irthomasthomas ◴[] No.44493889[source]
Is copyright in America different to Britain? There, it is legal to download books you don't own. Only distribution is a crime, which most torrenters break by seeding.
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rahimnathwani ◴[] No.44494662[source]
What do you mean by 'it is legal'?

Do you mean:

A) It's not a criminal offence?

B) The copyright owner cannot file a civil suit for damages?

C) Something else?

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1. irthomasthomas ◴[] No.44494958[source]
> Only distribution is a crime
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2. throwawayffffas ◴[] No.44495024[source]
Only distribution with the intent to make money is a crime. If you are doing it for free you are not criminally liable. Unless I am missing something.
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3. rahimnathwani ◴[] No.44495043[source]
What relevance does that have to the present case? The judge, in this civil matter, said there would be a trial. He didn't say anything about it being a criminal trial. The strings 'crim' and 'felon' do not appear in the ruling.

  We will have a trial on the pirated copies used to create Anthropic’s central library and the resulting damages, actual or statutory (including for willfulness).
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4. Aeolun ◴[] No.44495396[source]
There can always be a trial, even if nothing was done to warrant it.

I think the distinction between civil and criminal trials is smaller in my home country. The fact that there is a trial at all implies that someone commited a ‘crime’.

5. codedokode ◴[] No.44496332[source]
Any distribution of copyrighted material can cause you a big trouble.