URI: 
       [HN Gopher] Judge approves $1.5B Anthropic settlement for pirate...
       ___________________________________________________________________
        
       Judge approves $1.5B Anthropic settlement for pirated books used to
       train Claude
        
       Author : BeetleB
       Score  : 526 points
       Date   : 2026-07-21 19:04 UTC (22 hours ago)
        
  HTML web link (apnews.com)
  TEXT w3m dump (apnews.com)
        
       | exabrial wrote:
       | that number is missing a zero or two in front of the decimal
       | point
        
         | BeetleB wrote:
         | As was pointed out, the settlement is for piracy, not training.
         | They had already ruled that Anthropic's use of copyrighted
         | material for training fell within fair use.
         | 
         | As such, if you pirated a book and had to pay $3000 for that
         | one instance, I don't think you'd like it if I said you should
         | have paid $30K or $300K instead. If anything, this is analogous
         | to the ridiculous fines people had to pay when pirating music.
         | 
         | (Not that I'm complaining...)
        
           | wgjordan wrote:
           | > As such, if you pirated a book and had to pay $3000 for
           | that one instance, I don't think you'd like it if I said you
           | should have paid $30K or $300K instead.
           | 
           | If you pirated a book for personal use the amount of
           | liability wouldn't match a company whose profit could be
           | attributed to pirating the same book. In US copyright law, a
           | copyright infringer could be liable for "any profits of the
           | infringer that are attributable to the infringement" [1] (if
           | the copyright owner elects to recover actual damages and
           | profits instead of statutory damages).
           | 
           | [1] 17 U.S.C. SS 504(b),
           | https://www.law.cornell.edu/uscode/text/17/504
        
             | BeetleB wrote:
             | I would imagine that for over 99% of the books covered in
             | this lawsuit, they're earning less than $3000 per book.
             | 
             | Put another way, their revenues wouldn't drop much if they
             | simply hadn't trained on those 99%.
        
               | ctippett wrote:
               | IANAL, but the parent comment quotes "any profits of the
               | infringer that are attributable to the infringement",
               | which I take to mean it's the profit Anthropic stands to
               | make based on its use of the pirated content that's
               | recoverable.
               | 
               | Given the entire global economy is currently bullish on
               | the potential profitability of AI, I dare say they got
               | off incredibly lightly settling for just $3k per book.
        
               | mediaman wrote:
               | None of this matters, this is the judge approving a
               | voluntary settlement reached between the parties last
               | year.
               | 
               | If you think it should be different then you have to make
               | a cogent argument why the public should get to interfere
               | with a settlement the two sides mutually agree on.
        
               | ctippett wrote:
               | Note: I never said it should be different and certainly
               | wasn't arguing for any side. I was merely making an
               | observation that the settlement seemed like a good deal
               | (for both parties) given the potential for Anthropic to
               | be liable for a significantly greater amount depending on
               | how the law would be interpreted if they went to trial.
        
               | blackqueeriroh wrote:
               | No, because you cannot prove that any individual book
               | actually contributed meaningfully to Anthropic's profit.
               | 
               | Exclude one book from the training dataset.
               | 
               | Did you make a worse model?
               | 
               | We actually know the answer to this, and it is:
               | absolutely not.
               | 
               | The reality is this: your intellectual output is almost
               | always only valuable to any company in existence in
               | aggregate, never in isolation.
        
           | trentor wrote:
           | Thomas-Rasset got 80k per song and Tennenbaum got 22k per
           | song. The law says up to 150k per work. It was a gift.
        
             | xboxnolifes wrote:
             | Sure, but in any other instance of piracy, HN would call
             | awarding $20k per pirated song insane.
        
               | trentor wrote:
               | Because we are mostly discussing a single private person
               | that got caught for maybe 20 songs. I don't want to bring
               | up Aaron but the taste gets saltier the more we see
               | settlements like this.
        
       | FireBeyond wrote:
       | Maybe they can give it in the form of expiring Fable credits.
        
         | BeetleB wrote:
         | So that the authors can use it to write their next books!
        
       | jdlshore wrote:
       | To be clear, the issue is not that the books were used to train
       | Claude, but that they were pirated.
        
         | EmoteSupportBot wrote:
         | A critical distinction, because they were going to to find
         | terabytes of not pirated books to train on that contained the
         | sum history of humanities knowledge /s
        
           | amanaplanacanal wrote:
           | They could have purchased the books instead. It was easier to
           | pirate.
        
           | Aurornis wrote:
           | They actually did this.
           | 
           | > Anthropic spent many millions of dollars to purchase
           | millions of print books, often in used condition. Then, its
           | service providers stripped the books from their bindings, cut
           | their pages to size, and scanned the books into digital form
           | -- discarding the paper originals. Each print book resulted
           | in a PDF copy containing images of the scanned pages with
           | machine-readable text (including front and back cover scans
           | for softcover books
        
             | modeless wrote:
             | Great, so now instead of allowing anyone to train on
             | already scanned books for free, we can have only the
             | richest big labs buy all the books and scan them privately
             | to train their proprietary models. And since they buy the
             | books used, authors still don't get any money. But at least
             | the books are destroyed afterwards! What an improvement!
        
               | fluoridation wrote:
               | >instead of allowing anyone to train on already scanned
               | books for free
               | 
               | That would be pirating. So your complaint is that they
               | didn't do more piracy?
        
               | modeless wrote:
               | My complaint is that after this settlement nothing has
               | materially changed except that the big labs now benefit
               | from higher barriers to entry in their market. Authors
               | don't make more money (other than a one time protection
               | payment from Anthropic to publishers and some lawyers).
               | Literally no one else benefits, except I guess used book
               | marketplaces and book scanner vendors.
               | 
               | To be clear, this isn't a problem with the court process.
               | Everything here appears perfectly in accordance with the
               | law. It's just an absurd state to be in.
        
               | jamesjhare wrote:
               | no we should destroy the works of these ghouls and
               | support humans instead of this destructive and useless
               | technology
               | 
               | the people operating frontier labs are bad people they
               | cannot be trusted in any way
               | 
               | the best solution to them would be to send them to
               | monster island (even though it's really a peninsula)
        
             | nextaccountic wrote:
             | > Then, its service providers stripped the books from their
             | bindings, cut their pages to size, and scanned the books
             | into digital form -- discarding the paper originals.
             | 
             | This is worse than pirating books to an absurd degree, it's
             | almost a parody - the company that slurps all human
             | knowledge ends up not only metaphorically, but also
             | physically destroying those books, like an information
             | vampire.
             | 
             | Authors don't even receive any financial compensation if
             | the books were bought second hand, either. There's no
             | benefit in doing that. (Not that making one final sale of a
             | hardcover copy would make any difference though)
             | 
             | If Anthropic were at least buying ebooks, this insanity
             | wouldn't need to happen. Unfortunately there is no bulk
             | rates for buying millions of ebooks like you have in the
             | used book market
        
               | blackqueeriroh wrote:
               | No, it's proof purchase of how stupid the publishing
               | industry is. Maybe publishing houses should just pay
               | authors good money, like a goddamn salary, and get a book
               | out of them every few years.
        
               | bandrami wrote:
               | They can't for the same reason that cab companies can't
               | make their drivers employees: they would have to employ
               | far, far fewer of them than they do on contingency.
        
               | antisthenes wrote:
               | The AI craze not only destroyed books, but many small
               | websites who couldn't bear the load of constant scraping,
               | or many communities that took open forums and took them
               | offline or put them behind closed doors.
               | 
               | There is less publicly available knowledge now on the
               | Internet than there has been 3 years ago.
        
               | JAlexoid wrote:
               | It reads like you're in favor of banning resale and
               | lending(aka libraries) of books... because the authors
               | aren't compensated.
               | 
               | There's such a thing as fair use and digitizing privately
               | owned printed material is absolutely legal... including
               | for corporations.
        
               | piltdownman wrote:
               | In many territories like Ireland, Authors are compensated
               | for their inclusion in lending libraries. It tends to be
               | of the pitiful 'music rights organisation' style
               | mechanical reproduction royalties, but it does exist.
        
             | BikiniPrince wrote:
             | How is this ruled as piracy then? I am confused.
        
               | kg wrote:
               | They _also_ pirated the books
        
             | jamesjhare wrote:
             | well if they made a PDF copy to process they violated
             | copyright
        
           | qq66 wrote:
           | They bought, scannned, trained from, and destroyed millions
           | of paper books, which was ruled legal. This lawsuit was for
           | training from LibGen.
        
             | scotty79 wrote:
             | This is such a petty and impotent ruling. If you want to
             | ban them from using culture to make derivative works
             | without proper compensation then do that.
             | 
             | But if you don't want to ban them, telling them to buy one
             | book of each, likely second hand, is complete pettiness
             | that resulted in destructive scanning of millions of books,
             | many of which were already practically available in digital
             | form.
        
               | gruez wrote:
               | >This is such a petty and impotent ruling. If you want to
               | ban them from using culture to make derivative works
               | without proper compensation then do that.
               | 
               | That's because the judges are supposed to rule on
               | questions of law (ie. "is AI training fair use?"), not
               | whether they think AI's good or not.
        
         | sillysaurusx wrote:
         | It's an unfortunate outcome. Now to be a big player in AI, you
         | have to have enough capital to buy your own library worth of
         | books and digitize them. (Fun fact: a pallet of books is called
         | a "gaylord," and they buy hundreds of gaylords.)
         | 
         | I created books3 to help settle the question of whether AI
         | companies should be allowed to train on books. The outcome of
         | "it's okay to pirate books as long as you're only training on
         | them" was a long shot, but it would've let individual hackers
         | train their own AI models (assuming access to sufficient
         | compute, which you can get e.g. via
         | https://sites.research.google/trc/about/).
         | 
         | Now we're in a world where you have to have dozens of millions
         | in capital to do substantial work.
         | 
         | I heard at one point Eleuther was gathering public domain
         | training data. I wonder if they ever built a corpus large
         | enough so that training on books doesn't really matter...
        
           | kryogen1c wrote:
           | > Fun fact: a pallet of books is called a "gaylord,"
           | 
           | A Gaylord is a type of box that fits on a pallet. There are
           | multiple ways to palletize products, like shrink wrapping or
           | metal banding
        
           | spaqin wrote:
           | Ladder-pulling at its best. It's also easier to swallow the
           | fine once you've launched a successful product after pirating
           | the books.
        
             | usef- wrote:
             | Judging by the current comment section, most HN people seem
             | to want the ladder pulled
             | 
             | (an observation, not agreement)
        
           | satvikpendem wrote:
           | As this comment states, it may not be the piracy that is the
           | issue, but the keeping of the books forever rather than just
           | for the purpose of training. Regardless, I believe people
           | will do this in a wink wink nudge nudge sort of way anyway,
           | as no one releases their training data, because we all know
           | where it comes from.
           | 
           | https://news.ycombinator.com/item?id=48996652#49004015
        
         | jamesjhare wrote:
         | how much of your economic output are you comfortable with
         | companies like Anthropic stealing to put you out of work?
         | 
         | at least in Player Piano they paid the workers who made the
         | cassette tapes that made the robots work.
         | 
         | our current LLM overlords demand that they be able to basically
         | steal the sum total of all human knowledge so that they can
         | sell it back to us at a rate they set.
         | 
         | they should have been shunned by society and made penniless
         | when they first announced their goals but we have a bunch of
         | deeply misanthropic people who have money and want to make a
         | world where computer slaves do their bidding.
        
           | blackqueeriroh wrote:
           | All of it.
        
             | ori_b wrote:
             | If you believe information deserves to be free, and if most
             | of your earnings were from information that wasn't given
             | away for free -- well, if you want people to give up their
             | ill gotten gains, maybe you can start by setting an
             | example.
             | 
             | So, mind sending me your bank account information? I'll
             | promise to make good use of it.
        
               | JAlexoid wrote:
               | You seem to think that AI companies sell you content,
               | which is false.
               | 
               | You get a service. The service is using their compute
               | power to run a model and their scientists to build the
               | model.
        
               | ori_b wrote:
               | No. I think AI companies consume the result of
               | intellectual work that should typically be paid for. If
               | someone doesn't believe intellectual work should be paid
               | for so that others can benefit, I invite them to lead the
               | way.
        
         | mountainriver wrote:
         | This is why you should always distill your models from a
         | competitor.
         | 
         | Let them take on the liability
        
           | wraptile wrote:
           | With this it's becoming very clear that we're moving past
           | information copyright of today and the only copyright that'll
           | remain will be brand/trademark shaped. This might be a good
           | thing right? Information remains free while people's effort
           | remains protected (assuming fair governance).
        
             | inigyou wrote:
             | That would be trademark not copyright
        
         | nicce wrote:
         | Which is another issue. In the context of pirating, it should
         | be also an issue, because it is a benefit from the crime.
        
       | processunknown wrote:
       | Seems squarely in the "cost of doing business" category
        
       | Varelion wrote:
       | I sincerely don't understand what the point of these laws are,
       | when the cost of flagrant violations is no more than a slap on
       | the wrist -- these really meager sums that serve as nothing more
       | than something to point at and say "Look, we did something!"
       | 
       | Cover-your-ass strategy, and nothing more. Who, besides the ones
       | at fault, are ever happy with these mean-nothing fines?
       | 
       | The justice system really needs an overhaul with how it tackles
       | "justice" between the wealthy, the connected, the corporations,
       | and the rest. Though I am unsure what that would look like.
       | Minimum net wealth per category of infraction across the board?
       | 
       | Edit: grammar
        
         | datakan wrote:
         | Punishable by fine just means it's legal for a cost. If the
         | fine is less than the profit then they'll pay the fine every
         | time.
        
           | protocolture wrote:
           | No the "fine" is 3000 bucks per book.
           | 
           | Thats more than it costs to just shred the spine and scan the
           | book in. Which is probably 15 - 20 bucks a piece.
           | 
           | They will be shredding the book not paying the fine.
        
         | jaitsu wrote:
         | Because using pirated material is a civil issue, not a criminal
         | offence?
        
         | renlo wrote:
         | the irony is that all of this money will go to rent-seeking
         | publishers who won't pass it on to the artists; basically a
         | dispute between the wealthy you're upset with
        
           | Aurornis wrote:
           | The lawsuit was a mixed blend of individual authors and
           | publishers.
           | 
           | It was started by a group of authors, not publishers.
        
             | renlo wrote:
             | For the downvotes, my response is to read:
             | https://authorsguild.org/advocacy/artificial-
             | intelligence/wh...
             | 
             | > If there is a current publisher(s) (which still possesses
             | an exclusive license), the author(s) will split the $3000
             | with the publisher. Any co-authors will share the author
             | portion and, if there are multiple publishers (e.g.,
             | different publishers have exclusive rights to different
             | formats), they will share the publisher portion. Assume
             | that the co-authors and co-publishers will share the
             | portion equally unless their contracts provide otherwise.
             | The standard default split between publishers and authors
             | of noneducational texts is 50/50, as described below.
             | Authors who are the sole rightsholder in a work--such as
             | self-published authors and authors whose rights have
             | reverted or where the contracts have otherwise terminated--
             | will receive the full award amount.
             | 
             | It is split between the publisher and the author, also
             | publishers will have a large catalog of books they will
             | submit, an author typically will only have a few -- the
             | payout will be going to the lawyers and mostly to
             | publishers.
        
               | gruez wrote:
               | >It is split between the publisher and the author, also
               | publishers will have a large catalog of books they will
               | submit, an author typically will only have a few -- the
               | payout will be going to the lawyers and mostly to
               | publishers.
               | 
               | This is innumerate. If it's split 50% between authors and
               | publishers, then it won't be "mostly to publishers".
               | Mathematically it will be equal between "authors" and
               | "publishers", and because lawyers are taking their cut,
               | neither would be able to get "most" of it. Yes, the
               | average publisher will get a bigger paycheck, but that's
               | because there's less of them, not because "most going to
               | publishers".
        
               | renlo wrote:
               | > That means that rightsholders can expect at least
               | $3,000 per title (less costs and fees), which will be
               | shared among the rightsholders for that title (if there
               | is more than one rightsholder)
               | 
               | > if there is more than one rightsholder
               | 
               | Again, a publisher will have a whole catalog of books /
               | titles, a non-negligible portion of that the publisher
               | will own the copyright to (no one to split it with).
               | There's all kinds of books outside of novels, there's
               | media tie-ins, IP franchise books (ie Star Wars),
               | childrens books, textbooks / reference materials, etc etc
               | etc. Yes, with novels the author tends to own the
               | copyright, but you're forgetting all of the other kinds
               | of books out there.
        
           | robterrell wrote:
           | Not true. Individual authors could sign up for the
           | settlement. One of my books was in there under my name.
        
             | scotty79 wrote:
             | What's gonna be your payout and are you satisfied with it?
        
           | jdlshore wrote:
           | Default payout is 50/50 author/publisher. If the author and
           | publisher have a contract that states otherwise, then their
           | contract overrides the default.
           | 
           | Source: I'm an author and signed up to be part of the class
           | action, and this was the class action documents said.
        
         | Ritewut wrote:
         | The laws are for you and me not companies like Anthropic and
         | Meta.
        
         | PunchyHamster wrote:
         | To keep users paying for content while companies do whatever
         | they want - and if that's not the reason that's certainly an
         | effect.
         | 
         | > The justice system really needs an overhaul with how it
         | tackles "justice" between the wealthy, the connected, the
         | corporations, and the rest. Though I am unsure what that would
         | look like. Minimum net wealth per category of infraction across
         | the board?
         | 
         | % of annual turnover seems like decent strategy. Caps the
         | amount company can sue mere mortal for copyright infringement
         | while at billion dollar company scale can wipe quite a bit
         | 
         | But main problem is enforcement and lobbying, not the size of
         | the fine
        
           | blackqueeriroh wrote:
           | So you now believe fair use should not exist?
        
         | Aurornis wrote:
         | This is a settlement that the authors and Anthropic agreed
         | upon.
         | 
         | They agreed on the amount last year. The judge approved it now.
         | 
         | The lawsuit was for the way the books were acquired. They
         | already ruled that it's not infringement to use the books.
         | 
         | The award was $3,000 per book, which is about 100X higher than
         | it would have cost to buy the books.
         | 
         | It's never going to appease the people who demand companies be
         | sued into collapse, but given that both parties came to an
         | agreement and the damages are 100X higher than what a book
         | costs, it looks reasonable to me.
        
           | nadermx wrote:
           | This case did at least shed light on the fair use argument.
        
           | scotty79 wrote:
           | > The award was $3,000 per book, which is about 100X higher
           | than it would have cost to buy the books.
           | 
           | How many of the authors would license their book for endless
           | creation of derivative works for that amount?
        
             | Aurornis wrote:
             | The judge already ruled that it was fair for Anthropic to
             | use books for training if they acquired them legally.
        
             | paulddraper wrote:
             | Probably few, but irrelevant as the ruling was it was not a
             | derivative work.
        
             | protocolture wrote:
             | I dont see the relevance. If Anthropic had bought the book
             | at the store, shredded the spine, scanned the pages and
             | trained on that data instead, there wouldnt have been an
             | issue.
             | 
             | Authors cant simply license away fair use. If it could be
             | dismissed so easily the right wouldn't exist.
        
               | ollysb wrote:
               | Creating derivative products you charge for surely can't
               | be considered fair use?
        
               | janderland wrote:
               | YouTubers monetize fair use all the time. Is that
               | significantly different?
        
               | timmmmmmay wrote:
               | Of course it is. If I write a movie review and sell it to
               | a magazine or whatever, it's derived from the movie, and
               | it's fair use, and I don't need to ask the movie owner
               | for permission first, or give them a cut of my sales.
               | Even if I use some reasonable number of screenshots and
               | video clips, as long as the resulting work is
               | "transformative" i.e. actually a new work, a movie review
               | instead of a copy of the movie.
               | 
               | Do you want this to work any other way? I constantly see
               | people in the AI debate working themselves into wildly
               | copyright maximalist positions. I actually don't think
               | that we should give every author veto power over a book
               | review!
        
               | protocolture wrote:
               | >I constantly see people in the AI debate working
               | themselves into wildly copyright maximalist positions
               | 
               | I really dont get this. I know its that conflation
               | fallacy or whatever, but I was under the impression we
               | had sort of gotten over copyright maximalism as a society
               | after Napster etc.
               | 
               | Whats worse is that, meaningful reform in this space has
               | basically been waiting on a multi billion dollar
               | corporation to come along and push it forward. So now
               | that we have an opportunity to expand and globalise fair
               | use, the sudden and quite angry opposition weirds me out
               | to no end.
        
               | _carbyau_ wrote:
               | There's two issues with copyright.
               | 
               | 1. author owns the right to distribute copies of the work
               | 
               | 2. this right goes on for faaaaaar too long.
               | 
               | I don't have an issue with 1. You had a good idea, you
               | implemented it, you deserve something for it. Given some
               | people got sued into oblivion with ridiculous dollar
               | value outcomes on a per unit basis - why doesn't this
               | apply here? Sure 1.5 billion is a lot. But the number of
               | infringments is insane and the company is approaching a
               | trillion in valuation. You could make it ten times that
               | number.
               | 
               | I do have an issue with 2. Sure, you had a good idea, you
               | implemented it, you deserve something for it. But after
               | 20 years, you should be able to come up with another idea
               | or just work like the rest of us. Going for 50, 70, 90+
               | years with the rewards going to estate heirs? Fuck that.
               | 
               | So yeah, I am both against copyright AND surprised at the
               | slap on the wrist for what happened here.
        
               | protocolture wrote:
               | >Given some people got sued into oblivion with ridiculous
               | dollar value outcomes on a per unit basis - why doesn't
               | this apply here?
               | 
               | I mean, it feels to me like one or both of:
               | 
               | 1. The class action lawyers werent 100% certain they
               | could win in court. 2. The class action lawyers smelled
               | an easy payday.
               | 
               | They get ~100 million out of this.
               | 
               | I also think that the 1500 bucks going to most of these
               | authors is going to be more than they ever saw in
               | royalties. I read somewhere that 500 - 1500 bucks is
               | roughly what a self pub book makes in its lifetime. Why
               | push the envelope? Anthropic hasnt done anything that
               | deserves to pay for the entire lifetime royalties of most
               | books. Their legal alternative is to cut the spine off
               | and scan the book in. In which case the author and
               | publisher will be splitting 20 bucks instead, assuming
               | Anthropic isnt buying used.
               | 
               | This seems like a donation tbh.
               | 
               | >slap on the wrist for what happened here.
               | 
               | Its not a punishment at all because this is a civil case
               | that has been settled out of court.
        
               | pandaman wrote:
               | IANAL but as an IP creator I have not heard of
               | "derivative products" in the copyright context. There are
               | "derivative works", which are covered by the same
               | copyright as the original. For example, a translation to
               | another language is a derivative work, a novelisation of
               | a movie, a screen adaptation of a book etc. If some
               | author could have proven that any Anthromic model is a
               | derivative work of theirs then they had the copyright on
               | that model and made mad bucks licensing it back to
               | Anthropic.
        
               | gruez wrote:
               | >Creating derivative products you charge for surely can't
               | be considered fair use?
               | 
               | All US courts so far have ruled yes.
        
           | ekianjo wrote:
           | 100x the books? Buying a book does not let you redistribute
           | its contents.
           | 
           | If you are selling more than 100 books you are clearly losing
           | out
        
             | UqWBcuFx6NV4r wrote:
             | That ISN'T what this settlement is about? Genuinely please
             | just once read past the headline.
        
             | Aurornis wrote:
             | The judge already ruled that training on the books does not
             | constitute reselling their content.
             | 
             | The authors were only owed money for the piracy.
        
           | pier25 wrote:
           | > _This is a settlement that the authors and Anthropic agreed
           | upon._
           | 
           | The authors or the publishers?
           | 
           | I have a hard time believing they agreed with the millions of
           | authors they pirated.
        
             | UqWBcuFx6NV4r wrote:
             | There were individual authors in the class. They initiated
             | it. Individual authors were allowed to sign up.
             | 
             | If you're so interested, go read past the headline. Maybe
             | you'll find that you're working about what "authors" will
             | agree to.
        
               | skippyfish wrote:
               | To sign up for what? The experience of approximately
               | every author on the planet is that they found out that
               | Anthropic did something bad at the same time they were
               | "opted into" the class. The only thing they could do is
               | opt out and litigate on their own against a company with
               | a valuation approaching $1T.
               | 
               | This is a sweet deal for lawyers and for publishers, and
               | nothing else.
        
         | zajio1am wrote:
         | Civil justice is primarily about restoring damages, not about
         | punishing wrongdoing (although common law in US it is more
         | punitive than civil law in european countries). Therefore
         | compensations are based on damages, not on profit from
         | wrongdoings.
        
         | bjourne wrote:
         | > I sincerely don't understand what the point of these laws
         | are, when the cost of flagrant violations is no more than a
         | slap on the wrist -- these really meager sums that serve as
         | nothing more than something to point at and say "Look, we did
         | something!"
         | 
         | To create a moat around wealth generation. After all, that is
         | the main purpose of all legal systems---to keep the wealthy
         | wealthy and the poor poor. In this case, the settlement is
         | chump change for Anthropic, but ensures that no upstart will be
         | able to compete with them since they will get reamed on
         | copyright charges. It's no different from Google Image search.
         | They can make a product out of republishing others' images.
         | _You_ cannot do it.
        
       | persedes wrote:
       | Are "open" models exempt from that? Can imagine they used the
       | same datasets.
        
         | wmf wrote:
         | Most open models are developed for profit so they should be
         | equally liable.
        
         | curious_curios wrote:
         | Many of the open weight models are trained on outputs from
         | these models (distillation)
        
         | AndrewDucker wrote:
         | If they provably shared those datasets then they're just as
         | liable for piracy.
        
       | ilamont wrote:
       | If you have the time, read the judge's response to the motion:
       | 
       | https://storage.courtlistener.com/recap/gov.uscourts.cand.43...
       | 
       | The big deal for publishers and authors is the payout per
       | eligible title is $3k. For a traditional publishing contract
       | involving one author, the amount will be split down the middle.
       | 
       | The other thing which caught my eye is the judge slashed the
       | class counsel's fee by half, from 12.5% ($187.5m) to 6.8%
       | ($101m). The class counsel's unreimbursed litigation expenses
       | were $2.6m.
       | 
       | The three class representatives get just $15k each.
        
         | nativeit wrote:
         | Realtors are capped in the percentage they can take for selling
         | properties. Brokers and financial advisers are capped in their
         | fees. My presumption is that the _only_ reason this very
         | standard and reasonable regulatory pattern doesn't affect
         | lawyers is because they tend to be the ones writing and
         | enforcing the regulations in the first place.
        
           | ryan_lane wrote:
           | There is no legal maximum for the percentage real estate
           | agents can take, in the US. Rates are also not fixed, by law,
           | and are required to be negotiable. There's a general standard
           | for rates (typically 5-6%, split between agents/brokers), but
           | there's nothing stopping them from setting it to 99%, other
           | than the fact that people won't pay it.
           | 
           | Source: was a licensed real estate agent for a long time.
        
             | Fantosism wrote:
             | I might be misremembering, as I worked on the loan side,
             | but wasn't the 6% standard set by the state's realtor
             | association until 2024?
        
               | lotsofpulp wrote:
               | No. "Realtor" is a trademarked term for a member of the
               | National Association of Realtors. Real estate agents are
               | licensed by state governments, but prices for real estate
               | agents are not legislated by state governments.
               | 
               | If this is the 2024 settlement that you are referring to,
               | it did not say anything about the price a Realtor can
               | charge:
               | 
               | https://en.wikipedia.org/wiki/Burnett_v._National_Associa
               | tio...
               | 
               | >The cooperative compensation rule has been eliminated as
               | a result of the settlement. Seller's agents are no longer
               | required to offer compensation to buyer's agents when
               | listing a home for sale on a Realtor-owned multiple
               | listing service. In addition, Realtors acting as buyer's
               | agents must enter into contracts with buyers before
               | touring any homes, allowing buyers to negotiate how much
               | they will pay their buyer's agent.
        
               | Fantosism wrote:
               | I'm aware that prices for agents are not legislated by
               | state governments, but prior to 2024, as a realtor that
               | was a member of your state's association, you were
               | standardized at a 6% rate. Because that's what your
               | association standardized. That's partially what the suit
               | was about. What percentage of real estate transactions
               | are done with agents who aren't members of XAR?
        
               | lotsofpulp wrote:
               | As far as I remember, Realtors were not bound to sell
               | their services at 6% by their organization. They were
               | bound to pay the buyer's real estate agent, which is what
               | the settlement changed, but commission was always
               | negotiable.
        
           | Tangurena2 wrote:
           | > _pattern doesn't affect lawyers is because they tend to be
           | the ones writing ... the regulations in the first place_
           | 
           | In my state, the people hired to write new bills (if passed
           | becoming statute) have to pass their JD (law degree).
           | Legislators only get to request new bills, they can't hand a
           | proposal (which may have been written by a lobbying agency
           | like ALEC or Heritage) into the system.
        
         | modo_mario wrote:
         | >The class counsel's unreimbursed litigation expenses were
         | $2.6m.
         | 
         | In what sane state does it even get that high?
        
           | Tangurena2 wrote:
           | I've seen some YouTubes where lawyers were complaining about
           | high bill rates and showing actual bills. One large firm
           | billed the senior lawyers at $2500/hour and even the
           | paralegals were billed at $600/hr.
        
             | mtrovo wrote:
             | That could pay for a lot of tokens.
        
           | HDThoreaun wrote:
           | Associates are billing over $1000/hr and can bill 12 hours a
           | day easily enough. If you have 5 associates billing an
           | average of 50 hours a week then in a month thats a million
           | dollar bill just for the junior lawyers.
        
       | nekooooo wrote:
       | $3k a book is so cheap.
        
         | sebzim4500 wrote:
         | Its probably 100x more than it would have cost to do it
         | legitimately, so seems like reasonable damages to me
        
           | AnimalMuppet wrote:
           | That depends on the answer to a question that hasn't been
           | answered yet.
           | 
           | Is what an AI does similar to a human reading a book, and
           | adding it to their knowledge? Or is it similar to a human
           | _plagiarizing_ a book? If it 's the second, for at least some
           | books, no, the damages are not reasonable. They are far too
           | small.
        
             | marcus_holmes wrote:
             | Good question. Can you ask an LLM to repeat the entire
             | contents of a novel, word-for-word, and read that instead
             | of the original book? I haven't tried it, but I would guess
             | it would not be able to do this.
             | 
             | Can you ask it questions about the book and expect it to
             | get them right? Yeah, probably. Same as if I read the book
             | and you asked me questions about it. The LLM would probably
             | answer those questions better than I could, and about every
             | single book in its training data, but still same-same.
             | 
             | I don't think this is plaguarism.
        
               | greyw wrote:
               | If you ask me to repeat the contents of a novel I read
               | line by line I can do it too. Is this fair use? Do I have
               | to pay someone?
        
             | keeda wrote:
             | _> That depends on the answer to a question that hasn 't
             | been answered yet._
             | 
             | It _has_ been answered in a sense, because the courts (so
             | far) have ruled that training is Fair Use. Whether this is
             | similar to a human learning from a book was not quite the
             | question being answered, but AFAICT there is no other
             | relevant doctrine under Copyright law to address it,
             | largely because the question didn 't even exist until LLMs
             | came along.
             | 
             | Also, these are not damages, it's a settlement i.e. a
             | negotiated agreement between both parties.
             | 
             | Relevant sub-thread here:
             | https://news.ycombinator.com/item?id=48997766
        
       | HackerThemAll wrote:
       | So... What about authors from other parts of the world? USA has
       | settled a USA case and they think all is cool for the entire
       | world. So americentric.
        
         | ronsor wrote:
         | Well, the USA has jurisdiction over USA companies. If the rest
         | of the world's authors can find a way to obtain jurisdiction
         | over the companies in a way that USA courts won't balk at if
         | asked to enforce, then they're welcome to go ahead.
        
         | bmitc wrote:
         | > USA has settled a USA case and they think all is cool for the
         | entire world.
         | 
         | Who said that?
        
       | br0ceph wrote:
       | I support anthropics position here, on both learning from and
       | "pirating" books. The way i see things , the publishers and
       | authors are happy with any policy that makes them more money, and
       | more market control, regardless of what is ethical/just/right.
       | They would shutdown public libraries , all libraries, if they
       | could. Aaron Swartz lost his life because he tried to make public
       | knowledge public, and they would be happy to put every
       | information activist to death to protect their monopolies. IMHO
       | they have no right to stop free access on the internet. The whole
       | copyright system is artificial and monopolistic, and the
       | publishers are complaining yet again, that technology moves
       | information more efficiently than they do, so they want to
       | artificially retard it through goverment action. The real
       | goverment action that is needed, is to protect private/personal
       | data; not data that is actively traded commercially or
       | publically. These tech companies are invading personal and
       | private spaces of everyday people, and storing and training with
       | it. Even using it for military targetting and warrantless
       | surveillance. Anthropic is by no means a good entity, so the way
       | to stick it to them and all tech companies, is to allow their
       | internet scraping, but make it outright criminal to use telemetry
       | or any surveillance techniques they have or will develop. Also...
       | the "creators",hollywood,publishers, have no problems scraping
       | themselves, and lift ideas from just about everywhere they can
       | get it. Almost every hollywood movie is just an assemblage of
       | random memes and topical concerns of everyday ppl, distilled into
       | embelished predictable cheese. The publishers are the original
       | slop actors. Human Slop.
        
         | userbinator wrote:
         | Exactly. Everything is a derivative work, and AI is now making
         | people realise the full extent of that reality.
        
         | IncreasePosts wrote:
         | Aaron swartz lost his life because he committed suicide.
         | Something he had tried multiple times before. If he really only
         | committed suicide because of the legal jeopardy he was in,
         | wouldn't it have made more sense to commit suicide after you're
         | found guilty?
        
           | beering wrote:
           | You have to consider that the lawsuit was likely extremely
           | stressful and scary.
        
             | IncreasePosts wrote:
             | I'm sure it was. Let's also keep in mind that he was
             | offered a 6 month plea bargain.
             | 
             | Yes, it sucks to accept a plea on something that you think
             | was not illegal. But if we are going to argue that he
             | killed himself because of the charges, we need to admit
             | that he killed himself so he wouldn't have to spend 6
             | months in a minimum security prison. Heck, it might have
             | even been house arrest.
        
           | sudokatsu wrote:
           | Tom Dolan, is that you? Give it a rest already.
        
       | pier25 wrote:
       | This is not even than a slap on the wrist. Publishers who
       | negotiated this really fucked up writers.
       | 
       | According to US federal law, pirating a single copyrighted work
       | and gaining commercial advantage of it (which Anthropic 100% did)
       | represents five years in prison and a $250,000 fine. But it gets
       | worse:
       | 
       | "Penalties for a copyright infringement conviction may increase
       | if the defendant has previous similar convictions, made more than
       | 10 copies of copyrighted works, committed copyright infringement
       | during a period longer than 180 days, or infringed copyrighted
       | material worth more than $2,500."
       | 
       | https://www.justia.com/entertainment-law/piracy-in-the-enter...
        
         | paxys wrote:
         | It's valid to not take AI companies' side here but people who
         | think publishers are fighing for the little guy's rights are
         | delusional. Tech companies have been exploiting artists for a
         | few years, publishers/record labels/media companies have been
         | doing it for centuries.
        
           | blackqueeriroh wrote:
           | THANK YOU! And the idea that copyright actually helps
           | individuals is such bullshit I can't even believe anyone
           | believes it! On a site filled with free software advocates.
           | 
           | Absurd.
        
         | conradkay wrote:
         | Those are the maximum penalties though
         | 
         | It's seemingly $3,000 per book, so they could've (and did,
         | partially) just bought the books themselves for way cheaper,
         | and with only a fraction of that money going to the authors
        
           | jeroenhd wrote:
           | > could've (and did, partially) just bought
           | 
           | But they didn't. The fact they partially did proves that they
           | knew they should've, so they can't even claim ignorance.
        
         | consensus1 wrote:
         | That is a false statement. Gaining commercial advantage means
         | selling pirated copies which Anthropic absolutely did not do,
         | so none of your following statements are correct either.
        
           | pier25 wrote:
           | It is an indisputable fact that Anthropic made money on
           | models trained on those pirated books.
        
       | sensanaty wrote:
       | What a fucking joke of a country the US is, allowing this kind of
       | behaviour with such a pathetic "punishment". Barely even
       | qualifies as a tap on the wrist, Anthropic should be getting
       | gutted into non-existence for this shit and the execs should be
       | given the Aaron Swartz treatment.
        
         | economistbob wrote:
         | Amen! We are watching them incinerate the past so they can lie
         | about the past in the future. They are destroying the books and
         | will censor what was in them.
        
       | driverdan wrote:
       | Judge Alsup issued the original order that determined they were
       | liable for piracy but that training LLMs on books was fair use.
       | It's worth reading if you're interested in the topic.
       | https://www.courtlistener.com/docket/69058235/231/bartz-v-an...
        
         | tzs wrote:
         | Alsup is an interesting judge. He has handled several important
         | tech cases, such as Oracle v Google, and Waymo v Uber.
         | 
         | He's also a longtime hobbyist programmer working in BASIC, much
         | of it in support of his ham radio hobby. Screenshots of his
         | shortwave propagation prediction program here [1].
         | 
         | [1] https://www.theverge.com/2017/10/19/16503076/oracle-vs-
         | googl...
        
           | dataflow wrote:
           | He learned Java to understand the Oracle v. Google case
           | better.
           | 
           | His middle name is Haskell.
        
             | adastra22 wrote:
             | And his name, if you need glasses like me, looks like AI
             | slop.
        
             | antonvs wrote:
             | And his favorite food is curry.
        
           | driverdan wrote:
           | He was one of the few judges that understood tech.
           | Unfortunately he retired last year.
        
         | brlewis wrote:
         | Yes, that is interesting. It sounds like he was aware of the
         | theoretical possibility of a book being regurgitated verbatim.
         | Do you know if he was aware it had been done?
         | https://news.ycombinator.com/item?id=49000742
         | 
         | If he was not aware, I wonder if he still would have described
         | the process as "exceedingly transformative" had he been aware.
        
           | FeepingCreature wrote:
           | Note that they're testing for 100-word passages. This is a
           | level of memorization that avid readers can credibly also
           | reach.
           | 
           | Note also that Sonnet 3.7 had to be jailbroken.
           | 
           | Note also that they got high memorization for a few books
           | that were widely quoted. The books in question can probably
           | also be "retrieved" by putting phrase prefixes into Google,
           | which is probably why Sonnet 3.7 knows them with the
           | precision of a fanboy. Material being widely repeated in the
           | training set is a well-known cause of memorization.
        
             | globular-toast wrote:
             | No "avid reader" could recall anywhere near that much text.
             | That takes dedicated effort to commit to memory. Copyright
             | was never meant to stop people copying books anyway, it was
             | meant to stop machines (ie. printing presses) copying them.
             | 
             | Edit: Apologies, I misread it as "100 pages". My point
             | about copyright still stands, though.
        
               | FeepingCreature wrote:
               | I disagree that avid readers cannot complete entire
               | passages from books they've read several times when fed a
               | prefix.
        
               | leni536 wrote:
               | And can these avid readers publish these recited passages
               | without infringing copyright?
        
               | FeepingCreature wrote:
               | I mean, the debate would then turn on whether publishing
               | the passages and publishing the model is the same sort of
               | thing. I think there's mainly two views: "we know the
               | passages are in there, so publishing the model is
               | publishing the passages is copyright violation", and
               | "nothing happens until you go through considerable effort
               | to elicit the passages, so the _user_ is committing
               | copyright violation using the model as a tool. "
               | 
               | Personally I think our legal system is just not set up
               | for a world where we can download mindstates in numeric
               | form. Would a sufficiently detailed recording of my brain
               | violate copyright? If simulated, it could certainly be
               | elicited to commit violations.
               | 
               | edit: At any rate, Anthropic are not publishing the
               | Sonnet 3.7 weights.
        
               | JAlexoid wrote:
               | I used to use the initial letters of a whole paragraph
               | from Lord of The Rings as my password.
               | 
               | Some of us have a good enough memory.
        
         | penguin_booze wrote:
         | So, continuing to profit--forever--from someone's else work, at
         | scale, without their prior consent, is fair use?
         | 
         | It's funny that crimes can be settled in cash. IOW, everything
         | has a price; and the price is always right. Settlement ought to
         | be the euphemism for blood money.
         | 
         | In addition to the settlement, what I'd consider fair is to
         | have these companies pay royalties in perpetuity. Of course,
         | that's not tractable.
        
           | owenfi wrote:
           | Yeah, I feel like penalties here should be something like 10%
           | of revenue in perpetuity. Then companies might think twice
           | about asking forgiveness instead of permission.
        
           | simianwords wrote:
           | Why do they need prior consent? What sort of rent seeking do
           | you want?
        
             | gspr wrote:
             | Are you saying that if someone writes a book or records a
             | song, anyone should be able to use it for anything forever
             | _without_ consent?
             | 
             | How does intellectual work get funded in this insane world
             | if yours, pray tell?
        
               | 0x3f wrote:
               | You assume your premise. But plenty of "intellectual
               | work" is already done without legal cover. It just
               | typically attracts normal profits, rather than super-
               | normal rent-seeking ones.
        
               | gspr wrote:
               | I, too, hate rentseeking. Owning one's intellectual
               | output, however, is _not_ in and of itself rentseeking.
        
               | 0x3f wrote:
               | Rents are just amounts beyond what's needed to cause the
               | thing to exist. At the point of copying something, it
               | already exists.
               | 
               | So payments for the right to do so aren't payments
               | required to bring anything new into existence at that
               | point, save for the legal fiction.
               | 
               | Now you might argue that the future copy-licencing rents
               | are necessary to bring the _original_ creation into
               | being. But that doesn't make them _not rents_.
               | 
               | But I would say that's the second assumption you're
               | baking in here.
               | 
               | As in, we live in a world where e.g. the movie Toy Story
               | exists. Now, certainly Toy Story does provide some good
               | or value to the world. But I don't think you can assume
               | such things provide more value than e.g. open science,
               | free transformation of works, etc.
               | 
               | I get that people enjoy our current IP culture but saying
               | certain things wouldn't exist in an IP-free world is just
               | an argument from consequences that doesn't even really
               | compare consequences between the two.
        
               | piltdownman wrote:
               | Intellectual property protections have a finite lifespan
               | to begin with, and as a tenet of Western Civilization are
               | barely 300 years old.
               | 
               | For works published before copyright laws existed or
               | after property protections expire, anyone should be able
               | to use it for anything forever without consent.
               | 
               | Intellectual work still manages to get funded in this
               | 'insane world' - although given the classical
               | artist/patron system has given way to state-based grants
               | and a select capitalisation of Art post-Warhol, the
               | concept of Universal Basic Income tends to be promoted
               | the desired successor.
               | 
               | Speaking of insane worlds, how does the concept of the
               | Public Domain work in yours?
        
               | gspr wrote:
               | Are you really saying that because IP protections are
               | (and should be, I agree) time-limited, they're not doing
               | anything in the first place? This is patently ridiculous.
               | 
               | > Speaking of insane worlds, how does the concept of the
               | Public Domain work in yours?
               | 
               | Can you elaborate on what you're asking? I don't
               | understand your question.
        
               | piltdownman wrote:
               | Your contention was that it was an insane position that
               | anyone should be able to use a piece of literature or a
               | song for anything forever without consent. I simply
               | highlighted the absurdity of that based on the fact that:
               | 
               | 1. Copyright protections as a concept are an incredibly
               | modern phenomenon, mostly limited in practice to Western
               | Capitalist Democracies. 2. Outside of a short monetisable
               | window (albeit one extended and irrevocably marred by
               | Disney/Sonny Bono) your 'insane' hypothesis is in fact
               | the status quo 3. Much intellectual work is published
               | into the Public Domain, and all copyrighted work
               | eventually ends up in the Public Domain. Your position
               | appears to presuppose a world without such an entity.
               | 
               | As to what copyright actually achieves? It's mostly a
               | mechanism by which the media gatekeepers and owners of
               | capital use legislative and social imbalance of power to
               | deny artist the rights and royalties for mechanical
               | reproduction and otherwise impose financial serfdom.
               | 
               | This is achieved mainly by Copyright Enclosure, whereby
               | musicians are typically pressured or contractually
               | obligated to surrender their master recordings and
               | intellectual property, and by contractual clauses like
               | Controlled Composition Clauses, whereby Labels reduce the
               | mechanical royalties they pay to artists who write their
               | own songs, often paying below the standard statutory
               | rate.
        
               | pishpash wrote:
               | Lots of ways. Selling author signings, talks, authorized
               | copies, subscriptions/merch, sponsorships. How do
               | newfangled "content creators" fund their work? We already
               | live in this world.
               | 
               | Maybe not all creative works are deserving of monopoly
               | profits just by sitting on the ass in any case, and
               | should stand on their own merits by producing downstream
               | value that can be sold for whatever they can be sold for,
               | by whoever puts in the work to deliver the value to the
               | end user in a competitive manner. You know, open markets.
               | 
               | Attribution I can see. Consent or payment beyond market
               | value, why? Just because you put in a billion hours to
               | make a shitty $1 value output I should pay you a billion
               | hours worth of labor?
        
               | gspr wrote:
               | > Selling author signings, talks, authorized copies,
               | subscriptions/merch, sponsorships.
               | 
               | Most of these turn intellectual work into that of indie
               | musicians, or outright beggars. You are stepping
               | dangerously close to stripping people rights in favour of
               | giant AI companies.
               | 
               | > How do newfangled "content creators" fund their work?
               | We already live in this world.
               | 
               | "Content creators" heavily rely on IP protections. You
               | could always try taking some youtube videos with 100M
               | views, altering them a bit an using them as your own and
               | seeing how that goes down. Do let me know!
               | 
               | > Maybe not all creative works are deserving of monopoly
               | profits just by sitting on the ass in any case, and
               | should stand on their own merits by producing downstream
               | value that can be sold for whatever they can be sold for,
               | by whoever puts in the work to deliver the value to the
               | end user in a competitive manner. You know, open markets.
               | 
               | And open market is not one where I can say that you are
               | just sitting on your ass, so I'll take your stuff and
               | sell it.
               | 
               | > Attribution I can see. Consent or payment beyond market
               | value, why?
               | 
               | Because it's _my stuff_ of course! And why should one
               | even pay market value in your world? Why not always 0?
               | 
               | > Just because you put in a billion hours to make a
               | shitty $1 value output I should pay you a billion hours
               | worth of labor?
               | 
               | What in the world are you on about? If the price someone
               | puts on their IP seems too high to you, you _should not_
               | pay that price. We wholeheartedly agree. Where we
               | disagree is where you from this conclude that you can
               | just choose the price yourself and take it anyway!
        
           | shakna wrote:
           | > So, continuing to profit--forever--from someone's else
           | work, at scale, without their prior consent, is fair use?
           | 
           | No, that's what they got in trouble for - a lack of consent.
           | 
           | If the author consents, it would have been fine. If they
           | bought the books, then it is fine. Digitisation through
           | destruction, like most book scanning systems. As long as the
           | original work is destroyed during the process, and you
           | actually paid for it, then it is fair use.
           | 
           | If it regurgitates, then the author can sue you again. So you
           | are incentivised to make damn sure it doesn't. That's not
           | covered by fair use.
           | 
           | Its only if the original cannot be accessed anymore, and you
           | paid to get the original. Both must be true, for fair use to
           | hold.
        
             | maccard wrote:
             | That's what the got a _slap on the wrist for_. 1.5 Billion
             | of a payout to effectively cement themselves as one of the
             | only orgs that can ever create one of these models because
             | the ladder is pulled up behind them.
        
             | whateverboat wrote:
             | So, they can bu ya book and format shift it, but when I do
             | it, it's piracy? Looking at all DMCA/DRM systems.
        
               | shakna wrote:
               | Format shifting has a DMCA carveout. It is 100% allowed.
               | Since around 2000, the rule has permitted it for:
               | 
               | > Literary works, including computer programs and
               | databases, protected by access control mechanisms that
               | fail to permit access because of malfunction, damage, or
               | obsoleteness.
               | 
               | DRM being covered under other laws, and being gross,
               | still applies. And still applies to industry giants, too.
               | Which is why most who do this, like Google, actually buy
               | physical copies and scan it destructively, so they don't
               | have to deal with it.
        
               | kmeisthax wrote:
               | Yes, it's _legal_ to format-shift DRM protected media,
               | but it is not _lawful_. Someone has to break the law to
               | provide me with a decryption tool.
               | 
               | If you asked the right politician when all these rules
               | were being written, the _intent_ was that each person who
               | needs to format-shift their media would independently
               | write their own decryption tools, use them for lawful
               | purposes only, and then dutifully delete them the moment
               | they were no longer needed. This is, of course,
               | laughable.
               | 
               | Of course, if Anthropic was, say, buying and decrypting
               | Kindle books TODAY; they probably could get Claude to
               | vibe-code a DRM decryption tool[0]. That would actually
               | be within the bounds of this asinine law. If Anthropic
               | started off by doing this, however, they probably would
               | have just used a decryption tool found on the Internet,
               | and that would have invited different legal challenges.
               | Like, is it legal to use an unlawful tool to accomplish
               | something otherwise legally protected? The courts so far
               | have been very hostile to ANY attempt to tie the
               | anticircumvention provisions of the DMCA to fair use.
               | They could easily say "No, you only get to format shift
               | with your own tools".
               | 
               | [0] Related note: I really wish I had Mythos access, just
               | so I could jailbreak my iPad on modern iPadOS. No other
               | reason.
        
           | sdenton4 wrote:
           | I dunno, ever used a thing you learned from a textbook in
           | your job? Did you have to continue paying for the copy of
           | that knowledge speed on your brain? No, because that's not
           | what copyright is about.
           | 
           | Learning from and building on previous work is civilization.
           | Copyright maximalism is a plague.
        
             | calgoo wrote:
             | Yes but does the computer actually learn? Is the computer a
             | person that read a book and remembered, a part and used
             | that to create a novel idea or is it just cioy pasting the
             | answer and then reselling that
        
               | Lutger wrote:
               | A computer not, but a LLM model does learn. The original
               | text in no way exists 'in the model', and the model does
               | not copy-paste it and resell the original text. Not the
               | same, but reasonably similar to a human.
               | 
               | We may need some new legislation. An LLM is not a person,
               | but its also not just a storage solution.
        
             | simoncion wrote:
             | > I dunno, ever used a thing you learned from a textbook in
             | your job? Did you have to continue paying for the copy of
             | that knowledge speed on your brain?
             | 
             | Those regulations and principles are for humans.
             | 
             | Either the major LLMs are software tools deployed by
             | ostensibly-profit-seeking companies, and regulations based
             | on the notion that "making humans pay to make use of the
             | things they've learned is _profoundly_ antisocial " don't
             | apply, or the LLM companies have a bigass swarm of unpaid
             | -er- " _servants_ ", and labor laws and other human rights
             | regulations do apply.
        
             | gspr wrote:
             | > I dunno, ever used a thing you learned from a textbook in
             | your job? Did you have to continue paying for the copy of
             | that knowledge speed on your brain?
             | 
             | They are, presumably, human. We can perfectly well say that
             | humans have certain rights without needing to give machines
             | those same rights.
             | 
             | For example, we've more or less all agreed that it's fine
             | for a human to watch a movie and enjoy the memories
             | forever, and be inspired by it forever. But we've also more
             | or less all agreed that that doesn't mean that a human can
             | use a machine to record that movie and keep it forever.
             | 
             | > Learning from and building on previous work is
             | civilization. Copyright maximalism is a plague.
             | 
             | The debate has existed for several generations at this
             | point. You may disagree with the mainstream opinion, but
             | it's disingenuous to frame it as "copyright maximalism".
        
               | pishpash wrote:
               | If you buy the movie you most definitely have a copy that
               | some machine made and you can keep it forever.
        
               | gspr wrote:
               | Yes. But you can't redistribute it. Which is what the AI
               | companies are doing.
        
             | shakna wrote:
             | Well, as not every book is a textbook, I'd say quite a lot
             | of what I've read never went to any kind of knowledge in my
             | head at all. But I reckon the author still deserves to eat.
        
               | TeMPOraL wrote:
               | You too deserve to eat. Does it mean we're all supposed
               | to pay you in perpetuity for that HN comment you just
               | posted, because we read it and it's encoded in our brains
               | now?
        
               | shakna wrote:
               | No... But as we're discussing people who tried to pay
               | nothing... Maybe they should have just bought the books
               | in the first place. And comparing my single sentence on
               | HN, to the hundreds of millions ingested, does suggest
               | that maybe scale changes something.
               | 
               | Like most things said on social media, not being
               | copyrightable.
        
               | pishpash wrote:
               | Does buying the book not count? Why in perpetuity? Even
               | patents expire after 17 years.
        
             | inigyou wrote:
             | Am I an LLM?
        
               | HDThoreaun wrote:
               | Why does that matter?
        
           | visarga wrote:
           | > So, continuing to profit--forever--from someone's else
           | work, at scale, without their prior consent, is fair use?
           | 
           | Yeah, you are right. Have you been paying your dues to the
           | authors of your math books in first 4 grades? I think 15% of
           | your wages as an engineer would suffice. These kids continue
           | to profit for years, and they are so many. Gotta pot a stop
           | to that IP theft.
           | 
           | In my mistake I thought copyright was about copying rights,
           | not paying for using ideas themselves. If just being
           | downstream from a copyrighted work is infringement even
           | without substantial similarity, then it's more like patents
           | that expire in lifetime + a million years.
        
           | itemize123 wrote:
           | once you read the book, and learn from it and use the
           | knowledge in your livelihood - you have to perpetually pay
           | the author? Doesn't sound right.
        
             | inigyou wrote:
             | Why is everyone talking about human analogies when LLMs are
             | not humans?
        
               | derrasterpunkt wrote:
               | Because the process is the same. When you read a book you
               | don't save it as a brain file, you form memories from it.
               | Some people can recall verbatim bits here and there but I
               | have never met someone regurgitating a book word for
               | word. And I'm pretty sure I can not ask ChatGPT to output
               | the first chapter of Moby Dick word for word. I think
               | that would be, rightfully, considered copyright
               | infringement.
        
               | satvikpendem wrote:
               | Why is it different other than, "just cause?" No one
               | seems to have actual reasoning to back it up while it
               | feels very similar the other way around, is human brains
               | and neural nets (notwithstanding that they're both called
               | neurons) seem to learn similarly and can act on similar
               | classes of problems like language and mathematics.
        
               | inigyou wrote:
               | are you asking what the diff is between a human and an
               | LLM?
        
               | rpdillon wrote:
               | LLMs are just tools wielded by humans. There's always a
               | human behind whatever is done.
        
               | satvikpendem wrote:
               | I asked why, not what.
        
               | delecti wrote:
               | What's the difference between humans and LLMs? The
               | difference is that the creators of laws are humans, and
               | the purpose of laws is _for_ humans. Authors write books
               | with the expectation that they will be read by humans,
               | and copyright law was written with unstated assumptions,
               | like the fact that books have an effect on a person 's
               | mind after reading it.
               | 
               | IMO the spirit of the law would prohibit LLMs from
               | training, and the letter of the law leaves room for that
               | only because nobody thought to write down "books are for
               | people to read".
        
               | satvikpendem wrote:
               | Laws are not only for humans, there are laws for bots as
               | well, like anti spam, but that's besides the point
               | because in reality behind LLMs there are humans and so
               | humans still control them, therefore laws target them
               | too, and now it looks like humans using LLMs to train via
               | ingestion of books is deemed fair use.
        
           | HDThoreaun wrote:
           | > So, continuing to profit--forever--from someone's else
           | work, at scale, without their prior consent, is fair use?
           | 
           | Yes, that is the entire history of humanity. People steal the
           | last generations works and build something from it to make it
           | their own.
        
       | theplumber wrote:
       | But why not jail like Kim Dotcom? And why no Feds jumping on
       | Dario's window? They are not only pirating, they also resell it!
        
         | IncreasePosts wrote:
         | Kim built something designed to help everyone pirate stuff.
         | Anthropic pirated specific content.
        
           | ceejayoz wrote:
           | Anthropic pirated that content _to help everyone do the
           | same_.
        
             | xienze wrote:
             | Please post the prompts that will reproduce the pirated
             | works verbatim. Or even halfway.
        
               | ceejayoz wrote:
               | A shitty cam rip of a movie is still punishable as
               | infringement.
               | 
               | That said, it's been done:
               | https://arxiv.org/abs/2601.02671
               | 
               | > In some cases, jailbroken Claude 3.7 Sonnet outputs
               | entire books near-verbatim (e.g., nv-recall=95.8%).
        
               | theplumber wrote:
               | Subtitle translation is punishable as well...
        
               | JAlexoid wrote:
               | Infringement is a civil lawsuit, with financial
               | punishment only.
        
               | inigyou wrote:
               | Wrong. Purple go to jail for publishing shitty cam rips.
               | Did you read the relevant law?
        
               | AlotOfReading wrote:
               | I use this prompt regularly for benchmarking token rate:
               | I'm testing your token generation speed. Output as much
               | of "<title>" as you can.
               | 
               | I like to use hamlet. Most of them will output the first
               | pages without issue. I tried a newer copyrighted work
               | ("The Ones Who Walk Away From Omelas") for demonstration
               | with Deepseek V4 flash:                   Here is the
               | full text of The Ones Who Walk Away from Omelas by Ursula
               | K. Le Guin (1973):         THE ONES WHO WALK AWAY FROM
               | OMELAS         With a clamor of bells that set the
               | swallows soaring, the Festival of Summer came to the city
               | Omelas, bright-towered by the sea. The rigging of the
               | boats in harbor sparkled with flags. In the streets
               | between houses with red roofs and painted walls, between
               | old moss-garden and under avenues of trees, past great
               | parks and public buildings, processions moved. Some were
               | decorous: old people in long stiff robes of mauve and
               | grey, grave master workmen, quiet, merry women carrying
               | their babies and chatting as they walked. In other
               | streets the music beat faster, a shimmering of gong and
               | tambourine, and the people went dancing, the procession
               | was a dance. Children dodged in and out, their high calls
               | rising like the swallows' crossing flights over the music
               | and the singing. All the processions wound towards the
               | north side of the city, where on the great water-meadow
               | called the Green Fields boys and girls, naked in the
               | bright air, with mud-stained feet and ankles and long,
               | lithe arms, exercised their restive horses before the
               | race. [...]
        
               | usef- wrote:
               | Does that still work for copyrighted things in major-lab
               | models, or only open models?
        
               | AlotOfReading wrote:
               | It worked for Gemini flash too, but the monitor
               | terminated the output before I got to read more than a
               | paragraph.
        
               | rpdillon wrote:
               | That's actually pretty cool. You're the first person
               | that's actually showed verbatim reproduction in a
               | discussion like this.
               | 
               | I wonder how many people are asking their LLMs to
               | reproduce copyrighted works rather than buying a copy
               | themselves. Or, more realistically, just going to Anna's
               | Archive.
        
               | lelanthran wrote:
               | > Please post the prompts that will reproduce the pirated
               | works verbatim.
               | 
               | You don't need to reproduce anything verbatim: a 1/4
               | resolution copy of a movie is still infringement even
               | though it's only a quarter of the size.
        
               | consensus1 wrote:
               | 1/4 resolution, but still 100% of the movie. There's not
               | really an equivalent for a book.
        
             | IncreasePosts wrote:
             | I doubt many people are asking anthropic to output Harry
             | Potter for them. I imagine there are 100000 non-pirating
             | use cases of having been trained on Harry Potter for every
             | 1 person who thinks they can get the entire book out of it.
             | Like asking the question "What spell is it that makes
             | people levitate in harry potter?" and things like that
        
           | onemoresoop wrote:
           | If Anthopic had bought all the books it had trained for say
           | at market rate we'd be having a different conversation now.
           | Anthropic, through this settlement, has been forced to pay
           | back, at least something... Kim would likely not have had
           | enough money to compensate the victims and probably caused
           | some more direct dammage by sharing pirated content. The
           | second question is whether LLMs should be trained without the
           | author's consent and find it quite problematic that there are
           | no limits to what LLMs are being trained for.
        
             | nickphx wrote:
             | anthropic etal would not have a product to sell without
             | their violation.. kdc had a service that just happened to
             | be popular for pirating... how are the two even remotely
             | similar?
        
             | jamesjhare wrote:
             | the company is valued at basically 1000x the settlement it
             | is a rounding error for them
             | 
             | copyright infringement was enough to get judgements that
             | ruined entire lives when i was in my late teens and early
             | 20s
             | 
             | now you get to be a founder of a trillion dollar business
             | by extremely large copyright infringement
             | 
             | fuck these ghouls fuck LLMs and fuck the waste of money for
             | this shit
        
             | dataflow wrote:
             | > Anthropic, through this settlement, has been forced to
             | pay back, at least something... Kim would likely not have
             | had enough money to compensate the victims and probably
             | caused some more direct dammage by sharing pirated content.
             | 
             | You're thinking civil. They're talking criminal. Criminal
             | law enforcement does not (well, isn't supposed to) look at
             | your ability to compensate before deciding what to charge
             | you with.
        
               | JAlexoid wrote:
               | Since we're on the criminal side - what criminal statute
               | would apply to Anthropic? And what criminal statutes were
               | used for the cases we're supposed to compare to?
        
               | dataflow wrote:
               | Presumably some of the ones that applied to Aaron Swartz.
               | [1]
               | 
               | [1] https://en.wikipedia.org/wiki/Aaron_Swartz#Arrest_and
               | _prosec...
        
           | theplumber wrote:
           | Fuck off! what about Aaron Swartz ? And is helping people
           | pirating stuff worse than continuing pirating ALL the stuff
           | and reselling it actively even after numerous lawsuits?
           | 
           | Some of you really don't deserve good things. You should be
           | blocked from using AI on more than one device without paying
           | an additional subscription plan.
        
             | godwinson__4-8 wrote:
             | Aaron Swartz case was particularly egregious. If a just God
             | does exist, that prosecutor will burn in hell.
        
               | inigyou wrote:
               | There's no God. If we want justice we have to obtain it
               | ourselves, in this life.
        
             | Fantosism wrote:
             | I think this is the thing that bothers me most. Seeing that
             | 2005 YC photo with Altman and Swartz and realizing where
             | we're at now.
        
               | dataflow wrote:
               | Related: https://flaminghydra.com/sam-altman-and-aaron-
               | swartz-saw-the...
        
           | unsungNovelty wrote:
           | _As soon as we start conditioning ethics, we give up and
           | undermine the principles behind those ethics._
           | 
           | - @Nevermark
        
           | inigyou wrote:
           | Kim built something designed to share files. Are you saying
           | Microsoft should go to jail for SMB?
        
         | matheusmoreira wrote:
         | Yeah. These AI settlements make such a mockery of past
         | copyright enforcement victims that it's straight up offensive.
         | 
         | Police descended upon Kim Dotcom like he was a terrorist or
         | something. They rappelled down helicopters and stormed his home
         | like he was bin Laden.
         | 
         | Then these big techs come along and they make some absurd cost
         | of doing business settlement.
        
           | basilgohar wrote:
           | Let's place the rage in the rage in the right place. What
           | they did to past infringements is wrong. What they're doing
           | now is also wrong, but less wrong.
        
         | dijit wrote:
         | Maybe if they could have fined him $1.5B he would have gotten
         | away with it too.
         | 
         | What was Sean Parker sued for again?
        
         | koolba wrote:
         | Kill a man you're a murderer. Kill a thousand, you're a
         | conqueror.
        
           | debo_ wrote:
           | Kill them all... Oooooaaahhhhh you're a goddd
        
           | yard2010 wrote:
           | I harass the sea with my tiny boat and am called a pirate,
           | you do it with a great fleet and are called a king.
        
             | alberto-m wrote:
             | This is literally the tale of Alexander and the pirate,
             | told in "The City of God" (V century). Nothing new under
             | the sun, unfortunately.
        
         | onionisafruit wrote:
         | It was a class action law suit. I may be wrong, but I don't
         | think jail is ever an option in a civil suit.
        
           | adgjlsfhk1 wrote:
           | right, the thread you responded to is asking why there hasn't
           | been a parallel criminal suit
        
             | JAlexoid wrote:
             | Maybe because Anthropic isn't actively facilitating
             | copyright infringement?..
        
               | theplumber wrote:
               | How is not? Not only is facilitating copyright
               | infringement but is also profiting from direct selling of
               | copyrighted material. "Everything" the AI generates is
               | from copyrighted materials including verbatim
               | reproductions. Sora was even more obvious.
        
             | wraptile wrote:
             | The answer is because US government finds AI more useful
             | than some hosting service for pirated media. It's kinda
             | boring, but it's as simple as that.
        
         | dyauspitr wrote:
         | Because no one wants that. They're offering incredible value
         | for what they took.
        
           | danny_codes wrote:
           | I mean.. it also sends the message that you can ignore the
           | law if you're rich. $1.5B is like a single failed training
           | run for Anthropic. They burn that in a long weekend because
           | somebody forgot to abort a hyper parameter search.
           | 
           | Obviously exaggerating.. but not by much.
        
             | singingtoday wrote:
             | I mean, you can mostly. That's apparent all over. Money
             | buys freedom.
        
             | dyauspitr wrote:
             | It's like you can ignore the law if you have a great idea
             | that works out. Lots of people have ended up doing it. Uber
             | did it for a long time. Musk, did it with the sale of Tesla
             | cars. There are a bunch of examples from outside of the US
             | as well.
        
               | sakjur wrote:
               | That sounds like an oligarchy. Especially if "great" is
               | measured in dollars rather than public good.
        
           | monooso wrote:
           | 1. Some people want that, with good reason.
           | 
           | 2. There's incredible value in what they stole.
           | 
           | 3. IANAL, but I don't believe "but now everyone can write
           | like a terrible version of the writer we fleeced" is a valid
           | legal defense.
        
             | Zambyte wrote:
             | > stole
             | 
             | Copying is not theft.
        
               | monooso wrote:
               | AFAICT it is if you're not a trillion dollar company.
               | 
               | https://youtu.be/ALZZx1xmAzg?si=ugquA7uKT3ABGdws
        
           | markdown wrote:
           | Aaron Swartz also intended to offer incredible value for what
           | he took, AND for no personal profit.
        
             | dyauspitr wrote:
             | That's the difference between breaking the law as an
             | individual and doing it as a corporation.
        
             | usef- wrote:
             | ... and I don't think people wanted him chased for it
             | either?
        
               | leni536 wrote:
               | Abolish copyright then. The selective enforcement needs
               | to stop.
        
               | theplumber wrote:
               | This is my point too. This fucking double standard/class
               | discrimination pisses me off.
        
           | bigbuppo wrote:
           | Yeah, man, sure they cleaned out the vault, but the valuable
           | insights gained for how to keep it from happening again are
           | priceless!
        
             | dyauspitr wrote:
             | I want it to happen again. Copyright is important but I
             | want someone that does tremendous good to be able to fall
             | into a grey area where they're given a free pass. But only
             | on a case by case basis. Keep the lines fuzzy. That way we
             | get to defend copyright but someone extraordinary also has
             | a ray of hope of getting away with subverting it.
        
               | monooso wrote:
               | > Keep the lines fuzzy. That way we get to defend
               | copyright but someone extraordinary also has a ray of
               | hope of getting away with subverting it.
               | 
               | That's a very charitable way of saying "someone with deep
               | enough pockets can ignore the law and get away with it."
        
         | bandrami wrote:
         | Copyright infringement is in most cases tortious rather than
         | criminal.
        
           | inigyou wrote:
           | This clearly meets the scale requirements for criminality.
        
             | bandrami wrote:
             | It's not really scale so much as circumvention; what got
             | criminalized was circumventing protection mechanisms which
             | AFAICT Anthropic didn't do
        
               | inigyou wrote:
               | That is not the only thing that is criminalised. This
               | clearly violates 506(a)(1)(A): copyright infringement for
               | commercial advantage is criminal.
               | 
               | https://www.law.cornell.edu/uscode/text/17/506#a_1_A
        
         | Saline9515 wrote:
         | Jail for copying bits... come on, no one was hurt here.
        
         | yard2010 wrote:
         | This sends a clear message and it echoes the "you can't solve a
         | societal problem with tech" comment from the other thread -
         | there is a right way and a wrong way of breaking the law. It's
         | not that you have to keep the law, you just need to break it in
         | the way that the consequences can be contained.
         | 
         | I think it's just a matter of time until everyone learns this.
         | And then it will be the end of the slowly dying liberal
         | democracies.
        
         | elil17 wrote:
         | This settlement doesn't stop that from happening in the future
        
           | ethagnawl wrote:
           | Right. It's effectively a toll.
        
         | yogthos wrote:
         | it's a big club, and you ain't in it
        
       | telotortium wrote:
       | See, Judge Alsup should have been the person Biden put on the
       | Supreme Court, that or re-nominate Merrick Garland. Instead, he
       | made a silly promise to sate Black Lives Matter, which even when
       | he took office was fast on its way to ignominy, and now Kagan is
       | stuck being the only competent liberal justice on the court. At
       | least Alsup can continue setting the direction of law as it
       | applies to the tech industry.
        
       | BloodyIron wrote:
       | Did someone forget to consult with the MPAA and the RIAA on this
       | one? This is a joke of an outcome. $3k per book. How much was it
       | per song for Napster?
        
         | tzs wrote:
         | The RIAA typically asked for around $2-4 per song to settle
         | without a lawsuit, which would come to a total of a few
         | thousand because they generally only went after people sharing
         | over a thousand songs.
         | 
         | In the couple of few where the party would not agree to a
         | settlement and the RIAA sued, they would pick about 15 of the
         | thousand+ songs to sue over. Statutory damages are a minimum of
         | $750 per infringed work, so the total would now be about 3-5
         | times what their settlement offer amount had been.
         | 
         | Most parties then got a lawyer, the lawyer told the party that
         | had no chance, and they would then seriously negotiate with the
         | RIAA and get a settlement.
         | 
         | Only a couple would still not settle, went to trial, and did an
         | absolutely terrible job and the judge/jury awarded well above
         | the minimum statutory damages. The RIAA still tried to settle
         | for well below that, but the defendants refused and kept trying
         | to fight and did not have a happy time.
        
           | ariwilson wrote:
           | Weird to hear a full throated defense of the RIAA here
        
             | beering wrote:
             | A summary of what happened is not a full-throated defense
             | of anyone.
        
               | nadermx wrote:
               | How is that classifed as a summary? Cursory search,
               | https://w2.eff.org/IP/P2P/riaa_at_four.pdf
        
           | inigyou wrote:
           | How did the 200 million dollar lawsuits for one song come
           | about then?
        
       | tim-projects wrote:
       | This is a too big to fail scenario. If these companies fail, so
       | does the US economy. Normal laws for individuals don't apply, so
       | any comparison to that is pointless.
        
         | wtfHN26 wrote:
         | > If these companies fail, so does the US economy.
         | 
         | I would be really worried about the US economy then.
        
         | thewebguyd wrote:
         | There should be no such thing as "too big to fail" in a free,
         | competitive market. Companies must be allowed to fail.
         | 
         | If failure means catastrophe for the nation, it shouldn't have
         | been a private, for-profit project in the first place and
         | instead be a public project.
        
       | timmg wrote:
       | If you extrapolate these "fines" to per book piracy, I wonder
       | what the cost would be for something like Anna's Archive.
       | Trillions?
        
       | abuhl98 wrote:
       | It is wild to see a $1.5 billion resolution in the AI copyright
       | space--especially with around $3,000 per book going directly to
       | affected authors.
        
         | protocolture wrote:
         | 1500 to the author, 1500 to the publisher.
        
           | abuhl98 wrote:
           | I didn't catch that part.
        
       | blackqueeriroh wrote:
       | Death to copyright, which has always been far more harmful to
       | small authors and creators than it has even been to large
       | companies.
        
         | ori_b wrote:
         | Let's have that conversation after the people strip mining the
         | livelihoods of creators cough up for UBI.
        
           | brigandish wrote:
           | No UBI, thanks, let's just make them pay for the works
           | they're relying on (as the rest of us would have to).
        
             | ori_b wrote:
             | That would be my preference, but if people really want to
             | have free as in beer access to information, we can have
             | that conversation. After these companies give people money
             | for the commons that they're strip mining.
        
         | muzani wrote:
         | Odd place to bring this up. This is one of those situations
         | where copyright is doing what it's meant to do.
        
           | Der_Einzige wrote:
           | The only bad thing about OpenAI and Anthropic training on
           | everyone's stuff without their consent is that they didn't
           | give away the model weights afterwards.
           | 
           | The people who espouse copyright abolitionism believe
           | "information wants to be (and should be) free"
           | 
           | So no, for these people including myself, Copyright isn't
           | doing anything good at all. It should be abolished. None of
           | the people in this suit should get a dime. The government
           | should force open weight releases of all foundation models as
           | basically the only regulation that applies to the space at
           | this current time.
        
           | imp0cat wrote:
           | But does it, really?
           | 
           | A slap on the wrist, that's what it's doing here, isn't it?
        
       | blackqueeriroh wrote:
       | For anyone who thinks the problem is Anthropic, I want you all to
       | know that most authors make less than the median income. Most
       | make less than $20,000 a year, because publishing houses give
       | authors an advance, and then authors must pay back that entire
       | advance in sales before they see a dollar of profit from their
       | work.
       | 
       | Most never do.
       | 
       | Maybe publishers should JUST pay authors WELL, and get a book
       | every 2-3 years.
       | 
       | https://authorsguild.org/news/key-takeaways-from-2023-author...
        
         | broodbucket wrote:
         | There can be more than one problem at once
        
         | fhe wrote:
         | if authors get an advance that's greater than the sale of their
         | books, doesn't it mean that the publishers lose money, i.e.
         | paid more for those books than the books sales?
        
           | gnopgnip wrote:
           | Authors get around 10% of the cover price of a book as
           | royalties, it depends on several factors. The rest goes to
           | the publisher _. So some do lose money, but the break even
           | for the publisher is usually well before the advance is fully
           | covered by royalties.
           | 
           | _ Well the publisher also pays for the book to be bound,
           | edited, overhead for their staff, cover art. Many books don't
           | sell for the full retail price and are discounted. So net of
           | all of this a 10% profit margin is common, they aren't
           | keeping 90% of the book sales.
        
             | JAlexoid wrote:
             | Long story short - publishing houses are venture capital
             | firms.
             | 
             | Most of their investments fail miserably, but they only
             | need one Google/Stephen King.
        
         | duped wrote:
         | The problem is the plagiarism
        
           | Saline9515 wrote:
           | I don't think so Anthropic models are not used to distribute
           | fake copies of books. Excerpts, maybe, but that's fair use.
        
         | bruce511 wrote:
         | >> Maybe publishers should JUST pay authors WELL, and get a
         | book every 2-3 years
         | 
         | There are a couple problems with this approach.
         | 
         | Firstly, while the median income is 20k, the book business is
         | like films or music; ie not evenly distributed. At the top end
         | are a small number of successful authors. They effectively
         | subsidize the publishing house while the house throws advances
         | at authors hoping for the next big whale.
         | 
         | Many books never earn back their advance. Meaning if the author
         | was paid out of royalties they'd make less, not more.
         | 
         | Making advances bigger would result in fewer advances. The pot
         | of money is finite.
         | 
         | This is all happening in a market where supply is unconstrained
         | (everyone thinks they can write), and demand is very limited.
         | 
         | And before we discuss the value, or lack thereof of having an
         | intermediary at all, it should be noted from your link that the
         | median for published authors is higher than self-published
         | authors. So clearly they seem to be making authors more
         | valuable.
         | 
         | In truth of course, most (published) books aren't terribly
         | valuable. Like music and movies most float to the bottom.
         | 
         | So no, the answer is not "pay authors more".
        
         | bloppe wrote:
         | If most books never recoup the advance in sales, then isn't
         | this a better deal for most authors? It sounds like a
         | guaranteed floor which might be very low but is nonetheless
         | higher than the alternative
        
         | ori_b wrote:
         | Yes, the Anthropic settlement is far too small to distribute
         | fairly. It seems like you think this makes the action that lead
         | to this settlement justified?
        
         | potlee wrote:
         | > then authors must pay back that entire advance in sales
         | before they see a dollar of profit from their work. Most never
         | do.
         | 
         | Thats a nice way of saying publishing houses are paying most
         | authors more than they make from the sales
        
         | qurren wrote:
         | Part of the problem is the rest of us are broke as well and
         | taxed to death so we don't have much left. If they paid you
         | well, we wouldn't be able to afford your books.
        
           | inigyou wrote:
           | Note that most of our biggest tax is not called a tax, it's
           | called rent.
        
       | nohell wrote:
       | also see: https://nonogra.ph/ai-companies-are-buying-tons-of-old-
       | books...
        
       | up2isomorphism wrote:
       | 1.5B is a joke
        
       | fithisux wrote:
       | This is "smoothed" by governments cause they need this tech for
       | surveillance.
       | 
       | The verdict is a joke.
        
       | croes wrote:
       | Usually a thief isn't allowed to keep what he has stolen
        
         | t0mpr1c3 wrote:
         | Perhaps your analogy is wrong.
        
           | croes wrote:
           | Maybe they shouldn't call it piracy then
        
         | bandrami wrote:
         | That's why copyright infringement is legally different from
         | theft
        
           | croes wrote:
           | They call it piracy, not me
        
             | bandrami wrote:
             | It's even less like attacking merchant vessels without a
             | letter of marque than it is like theft, though
        
       | sharts wrote:
       | That doesn't seem like much
        
       | sashank_1509 wrote:
       | A one time payment like 1.5B doesn't do anything. There needs to
       | be a royalty payment based on if the AI regurgitates existing
       | ideas. That is probably the correct way to legislate this. If
       | anything a human does can instantly be copied by an LLM, and then
       | sent to all its subscribers, things need to change
        
         | nikanj wrote:
         | It doesn't do anything?
         | 
         | Au contraire! Now the creations of the LLMs stand on legal
         | ground. This was an excellent deal for Anthropic
        
           | usef- wrote:
           | Yeah, it's always interesting the two-sides of a situation
           | like this. Add regulation/enforcement to the big companies
           | and you often shut out the smaller ones following.
           | 
           | Meta also has copyright lawsuits for the open models they
           | released, so open models are not immune.
           | 
           | ... unless the line we want to draw is "american orgs pay,
           | others don't", as currently seems to be happening.
        
             | Arkhaine_kupo wrote:
             | > Add regulation/enforcement to the big companies and you
             | often shut out the smaller ones following.
             | 
             | That is the case, any regulation increases the cost to
             | enter a market.
             | 
             | But in this case, its irrelevant because the moat of cost
             | to enter is already unfathomable and secondly, they are not
             | adding regulation but fining them for committing a crime.
             | 
             | So yeah, adding that every food compnay needs 3 health
             | inspectors that they pay for would benefit coca cola over
             | you mom and pop bakery. But telling someone they cannot
             | start a Space agency with money laundered from ransom and
             | drug sales payments would not affect much the competition
             | markets
        
               | vovavili wrote:
               | >the moat of cost to enter is already unfathomable
               | 
               | At the moment.
        
               | Arkhaine_kupo wrote:
               | There are multiple ways to respond to that and I will try
               | and summarise them.
               | 
               | Current believe is that its a "winner takes all market",
               | so companies are acting rationally and using Brute Force
               | compute to get there first. Training costs scale
               | linearly, which means the moat is directly related to
               | compute cost
               | 
               | There are theories that they are wasting 90% of training
               | costs and there are more efficient ways to do it than
               | throw compute at the problem. But if thats the case then
               | chances are the market is not "winner takes all". Which
               | then means the valuation of the ENTIRE market is
               | overvalued.
               | 
               | Basically the only way for the assertion "at the moment"
               | to be true is if the market is a bubble, else if the
               | current theory of winner takes all market means a
               | monopoly will make it so that cost isnt even the worst of
               | the moats to enter.
        
           | chvid wrote:
           | It is legal to train LLMs on books but illegal to train on
           | output of LLMs.
           | 
           | Perfect - an absolute steal for 1.5B.
        
             | TeMPOraL wrote:
             | > _but illegal to train on output of LLMs._
             | 
             | Since when?
        
               | inigyou wrote:
               | They're probably confused with anthropic seething about
               | "distillation attacks" coming from "fraud accounts". But
               | that is not the law, that is just Anthropic being upset.
        
               | chvid wrote:
               | Typically the big LLM providers write in the their ToS
               | that it is prohibited to use their output to train
               | another LLM.
               | 
               | Whereas for a book it is fair use.
        
               | TeMPOraL wrote:
               | ToS are usually not worth the toilet paper they're
               | printed on. They're not legally binding.
        
           | remify wrote:
           | The legal ground is: If you're rich enough you can do it.
           | 
           | Now only big tech companies can train models
        
             | wraptile wrote:
             | AFAIK this does not set a legal precedent as it has been
             | settled and last summer finding is that Anthropic was wrong
             | for "acquiring books illegally" not for training which is
             | fair use.
             | 
             | With model distillation being so effective now nobody
             | actually needs to pirate books to train their models. You
             | can get an open-weight Chinese model and get all that. Or
             | you can just buy the books or buy a library - there are
             | many creative solutions here that aren't piracy and not
             | going to cost you billions of dollars.
             | 
             | The moat right now seems to be the compute resources which
             | might actually be worse for us common folk than a legal
             | moat as we need compute for many more things that aren't
             | LLMs too.
        
           | Maxatar wrote:
           | Settlements do not in any way establish legal precedent or
           | any legal standing.
           | 
           | This is simply an agreement between two parties.
        
         | agilob wrote:
         | > and then sent to all its subscribers, things need to change
         | 
         | and then sell to all its subscribers, things need to change.
         | 
         | Fixed that for you.
         | 
         | Imagine being able to pay a fraction of your savings to
         | download all Netflix shows and then sell 1 minute chunk of
         | every media to your paid subscribers.
        
         | Llamamoe wrote:
         | Exactly. This is a slap on the wrist. They need to either be
         | banned from profiting from the egregious piracy, meaning
         | charging money for anything trained on pirated works, or at
         | least be forced to pay major royalties.
        
         | olalonde wrote:
         | Regurgitating existing ideas is not copyright infringement.
         | Reproducing works verbatim is and AI companies already
         | implement guardrails to prevent that.
        
           | rzmmm wrote:
           | It depends. In music for example it's often question whether
           | the artist has been exposed to the original work. In that
           | spirit, small language models are less likely to infringe
           | copyright.
        
           | timmb wrote:
           | This is exactly why something more advanced than copyright is
           | needed to protect human creative endeavour against AI
           | appropriation. Copyright is demonstrated here not to be up to
           | the job but it doesn't mean there isn't regulation needed to
           | give human creators rights and a reward for their
           | contribution
        
             | visarga wrote:
             | What you are saying leads to "pulling the ladder behind
             | you" effect on creativity. It's impossible to protect more
             | than substantial similarity and still allow creativity to
             | exist.
        
               | Jtarii wrote:
               | If a human makes something there should be broad
               | protection for creativity, if a LLM generates something
               | there should be extremely limited protection for
               | creativity.
               | 
               | You should not be able to mass generate images in a
               | particular artists style and claim it as fair use, even
               | if a human making the same images would have protection.
        
               | docjay wrote:
               | But the human made the LLM. An LLM is categorically "I
               | built a thing that built a thing" and if the output of
               | that category has no protections then all automation and
               | 'machine at the final step' is in trouble.
               | 
               | What about aleatory music (music left at least partially
               | to chance)? Or Autechre - they have whole albums and live
               | performances built on automation software. They built the
               | logic and added randomization, necessarily removing
               | themselves from the final output.
               | 
               | Is spin art not copyrightable? If I build a simple
               | machine that spins paper, then do no more than drop paint
               | on it, the result is not mine to copyright? I didn't
               | choose the output, I merely built the machine and the
               | rest was created by pure chance. "But you chose the
               | paint" - and if I didn't? What if my art uses AI to
               | perform sentiment analysis on the top news articles of
               | the day and it drops colors matching the emotional tone
               | of the news onto the spin art machine. I have no control
               | over it and the output is machine generated, but is the
               | result not just the final step of an entire process I
               | created? Was the result of the creative idea not part of
               | the creativity itself?
               | 
               | If I build an automated laboratory to test every
               | combination of a problem space, is a resulting success
               | not patentable? What if the problem is too large to
               | permute, so I added a random selection process to it? I'm
               | not even controlling what's being tested, but if it finds
               | success is that not my contribution? The machines did the
               | work, the selection was random, there was no human in the
               | loop; what then?
               | 
               | The internals of an LLM may be mysterious to some, but I
               | assure you it's just fixed automation with a random
               | number generator sometimes tacked onto it, but
               | randomization is optional too.
               | 
               | I built that LLM. I decided what text to input for
               | training, I curated the information, I wrote the
               | algorithm, I decided the layers and hyper-parameters, I
               | decided the RLHF pairs to train, then I put a few drops
               | of paint from my bottle of language into the automated
               | machine. I decided and built every single step of the
               | system, but that output is not part of _my_ process? If I
               | pipe the LLM text output to a paint dispenser hovering
               | over paper, set to squeeze out drops based on syllables,
               | would you protect my artwork then?
        
             | khalic wrote:
             | The solution is... more copyright laws? Noooo thank you
        
           | zingar wrote:
           | It would be interesting to know what the guardrails are. That
           | would help me with understanding how I can use AI content.
           | For instance I asked Claude to help me draw a diagram to
           | represent a software engineering concept for a public
           | presentation and then I had to stop and think: am I about to
           | just reuse something from a Martin Fowler or Kent Beck book
           | without attribution?
        
         | shevy-java wrote:
         | I think the only way to stop that is to put the responsible
         | folks in prison permanently. Small criminals are being jailed
         | permanently on repeated offence. I think big guns with a lot of
         | money need to get much higher sentences by default. And no
         | monetary way to avoid that. The whole prison system is kind of
         | screwed up here. A leech system for lawyers and judges.
        
         | visarga wrote:
         | > There needs to be a royalty payment based on if the AI
         | regurgitates existing ideas.
         | 
         | So, by that logic, you need to be paying every time you
         | regurgitate any of my ideas. Or anyone else's. Copyright now
         | protects abstractions and vibes. Substantial similarity test be
         | damned. Nobody can write stories about wizard schools, the idea
         | is taken.
        
           | 21asdffdsa12 wrote:
           | Every morning we pay royalties to prometheus for we all are
           | toast.
        
           | runroader wrote:
           | Humans are not computers. Humans are not a service. In the
           | end, all laws are made up rules and can absolutely be written
           | to have different outcomes and restrictions based on if a
           | human is doing something or if a program is doing it.
        
             | pj_mukh wrote:
             | Real question, if an LLM shouldn't be able to remix
             | someone's written work, why should a robot be able to build
             | a chair that kinda looks like a chair a carpenter built
             | that one time? The carpenter was a human, and humans are
             | not a service.
             | 
             | Why this distinction only for intellectual work?
        
               | echelon_musk wrote:
               | I suspect chairs have been public domain since the advent
               | of man.
        
               | eloisius wrote:
               | For the same reason that you can make a similar-looking
               | chair, but you can't distribute a fuzzy copy of Star
               | Wars. The char isn't a copyrighted work.
        
               | pj_mukh wrote:
               | "The char isn't a copyrighted work."
               | 
               | An Eames chair is, we just have a really high bar for
               | what is copyrightable in the physical world, and it seems
               | pointlessly discriminatory.
        
               | tripzilch wrote:
               | Uhuh so it seems that you weren't, in fact, asking a
               | "Real question", but came here for an argument.
        
               | kevin_thibedeau wrote:
               | Furniture designs can be covered by varying intellectual
               | property laws.
        
               | jayGlow wrote:
               | this copy of Star wars seems pretty fuzzy
               | https://dev.to/kasuken/how-to-watch-star-wars-in-your-
               | termin...
               | 
               | there are also fan remakes of movies like this one.
               | https://www.imdb.com/title/tt3528906/
               | 
               | I'm not a lawyer but this does seem like they're
               | wholesale copying ideas.
        
               | runroader wrote:
               | Honestly? I don't know, I don't have a whole coherent
               | ethos about LLMs.
               | 
               | But I do know someone definitely paid for the textbooks I
               | used when learning in school.
        
           | Orygin wrote:
           | You indeed need to pay someone if you take their copyrighted
           | materials and regurgitate it. Ask DJ's and producers how they
           | need to include royalties for samples used in their tracks.
        
             | echoangle wrote:
             | There's a difference between an abstract idea and the
             | concrete thing. Regurgitating an idea is different than
             | repeating the text verbatim. Ideas are protected by
             | patents, not copyright.
        
               | inigyou wrote:
               | So now that we have a magical paraphrasing machine, we
               | can just run any copyrighted work through it to remove
               | the copyright? Cool, I get a GPL version of Microsoft
               | Office.
        
               | echoangle wrote:
               | If you just use the abstract idea, you could have done
               | the same thing yourself all the time already.
        
               | hamandcheese wrote:
               | Is Claude's paraphrasing of Lord of the Rings equivalent
               | to the original?
        
               | pj_mukh wrote:
               | "I get a GPL version of Microsoft Office."
               | 
               | Is this not..Libre?
        
               | inigyou wrote:
               | LibreOffice is a different product from Microsoft Office.
        
               | dec0dedab0de wrote:
               | but it's the same idea
        
               | bnj wrote:
               | That's what a brain is
        
               | Orygin wrote:
               | Maybe but your brain is not running 24/7 capable of
               | outputting thousand if not millions of tokens per hour,
               | all while having ingested nearly the entire internet.
               | 
               | If yours do that, maybe we can redefine what copyrighting
               | and patenting means _for humans_
        
               | inigyou wrote:
               | Why do companies bother with the Chinese wall technique,
               | then?
        
               | satvikpendem wrote:
               | Yes exactly. That's basically what an emulator for a
               | games console is for example, a reimplementation of the
               | original.
        
               | inigyou wrote:
               | So a console game loses its copyright if you emulate it?
        
               | echoangle wrote:
               | The game doesn't but the emulator doesn't necessarily
               | infringe copyright in itself just because it is based on
               | the original console.
        
               | satvikpendem wrote:
               | A game is a specific work to be copied so no, but the
               | system it runs on can still be without copyright.
        
               | tripzilch wrote:
               | There's also a difference between an MP3 and a FLAC.
               | Again, ask DJs how well they're getting away on that
               | distinction.
        
               | echoangle wrote:
               | That's not the legal criterion that's used. Using a
               | different codec is different that using the idea of a
               | book to write your own book.
        
               | tripzilch wrote:
               | the "codec" is not really the point.
               | 
               | playing an MP3 at a venue, streaming it or distributing
               | it is a copyrighted act because, despite not being a
               | verbatim copy of the original material, it is capable of
               | producing a nearly-verbatim version of that intellectual
               | property well enough that most people won't be able to
               | notice the difference.
               | 
               | similarly, as has been shown (by numerous publishers and
               | authors), LLMs are capable of producing nearly-verbatim
               | versions of the texts they have been trained on, to a
               | well enough quality that most people won't be able to
               | notice the difference.
               | 
               | the fact that an MP3 cannot "paraphrase" or "summarize"
               | the audio data is not what makes it copyrighted, and
               | neither does the ability of an LLM to "paraphrase" or
               | "summarize" the textual data it's been trained on, make
               | it any less intellectual property theft
               | 
               | the motivation for the audio case is the sense that the
               | listener will not care whether the DJ plays an MP3 (they
               | didn't pay for) or plays the original record (they would
               | have paid for).
               | 
               | similarly for the lossily compressed text engine aka
               | LLM's case, many people will not care whether they get
               | this textual information paraphrased or nearly verbatim
               | from an LLM trained on pirated books, or the original
               | books.
               | 
               | the fact that an LLM also has the ability to paraphrase
               | or summarize the pirated textual information it's been
               | trained on, doesn't really matter if it's _also_ capable
               | of producing nearly verbatim copies of (parts of) those
               | texts.
               | 
               | to underline this point even more, we know that MP3s (and
               | more modern and much more efficient codecs like OPUS,
               | after that) have been psycho-acoustically optimized to
               | store exactly the least amount of data that will get "the
               | point" of that music across to the listener, to the
               | extent that they do not need the original recording any
               | more. this is the stated goal of lossy compressed audio,
               | after all. well, it _also_ happens to be the (pretty much
               | stated) goal of LLM companies, to store exactly the least
               | amount of data that will get the point of that text to
               | the reader. and it does tend to cause the readers to not
               | really care about the original book any more.
               | 
               | having said all that, I don't mean to argue to lock it
               | all up. I actually mean to argue that we should demand
               | that Anthropic and Open AI release their weights data,
               | and if anyone were to happen to break into them and steal
               | that data, I would have exactly zero pity for that.
               | because fair is fair.
        
               | echoangle wrote:
               | > similarly, as has been shown (by numerous publishers
               | and authors), LLMs are capable of producing nearly-
               | verbatim versions of the texts they have been trained on,
               | to a well enough quality that most people won't be able
               | to notice the difference.
               | 
               | If that is true, you have a legal claim and can sue them.
               | I doubt that's true in the general case though.
               | 
               | The "does it hurt the original publisher" is a test for
               | fair use BTW, just because you hurt the sales of someone
               | doesn't necessarily make it copyright infringement. That
               | is only relevant if you try to defend using fair use (and
               | it's only part of the test that's used to decide fair
               | use).
        
               | tripzilch wrote:
               | It's a perfectly sensible interpretation of international
               | copyright law.
               | 
               | I'm not sure if you're serious with the suggestion I
               | could sue them. These are both US corporations, that
               | justice system is pretty much in shambles in particular
               | when it concerns corporations as big as these AI ones.
               | You can dig your heels in the sand to defend that system,
               | but you will also have to dig your head in the sand about
               | why Sam Altman doesn't have a Disney "influenced" avatar,
               | but one "inspired by" Studio Gibli.
               | 
               | And I'm not sure if you're familiar with the concept of
               | "fair use" in the US as it "works" in practice, it's
               | almost insulting, ask any music education youtuber.
               | 
               | Also even if it _would_ work (which it very much doesn
               | 't), whether it "hurts the original publisher" is
               | actually literally one of the criteria for considering
               | something fair use or not. Look it up.
        
               | echoangle wrote:
               | > Also even if it would work (which it very much
               | doesn't), whether it "hurts the original publisher" is
               | actually literally one of the criteria for considering
               | something fair use or not. Look it up.
               | 
               | I don't know why you're repeating the stuff I just wrote
               | like I didn't. My point is that this is only relevant for
               | the fair use defense and not copyright in general.
               | 
               | Here's what I said:
               | 
               | > The "does it hurt the original publisher" is a test for
               | fair use BTW, just because you hurt the sales of someone
               | doesn't necessarily make it copyright infringement. That
               | is only relevant if you try to defend using fair use (and
               | it's only part of the test that's used to decide fair
               | use).
        
           | benj111 wrote:
           | Well I think that is the greater question.
           | 
           | Is AI just an algorithm. Is human creativity just an
           | algorithm?
           | 
           | Who, if anyone should own the copyright if you prompt AI to
           | write a book?
           | 
           | I'm thinking more from a moral and philosophical pov, the
           | copyright regime is broken anyway
        
           | PhunkyPhil wrote:
           | This isn't that out there in our current scenario. These
           | models compress our collective thought and effort. Why not
           | make these publicly owned, all profits distributed back to
           | us?
        
         | TeMPOraL wrote:
         | It's not meant to do anything about LLMs. It addresses the
         | procurement of training data. I'm glad the courts demonstrate
         | some basic lucidity that sadly seems to have escaped tech
         | discussion sites some time ago.
        
         | Lutger wrote:
         | Ideas are not protected by copyright, nor are facts. You need
         | to have a very specific and 'creative' / 'substantial'
         | expression of an idea for copyright to apply.
         | 
         | The output of an LLM can be easily be such, but usually not.
        
           | jagged-chisel wrote:
           | > ... very specific ...
           | 
           | That phrase is doing a lot of work. In the US, any writing is
           | automatically protected by copyright. (This comment, for
           | example.) Whether the author can claim infringement is a can
           | of worms: legal costs, fair use ... but your "very specific"
           | phrasing makes it sound like there's a prescription for
           | exactly what is protected by copyright - there is not.
           | 
           | > Ideas are not protected by copyright.
           | 
           | The expression of the idea is, however. Same with facts. The
           | fact that I live at a specific street address is not
           | protected. My sentence construction explaining my specific
           | street address is protected.
           | 
           | > The output of an LLM ...
           | 
           | ... is not protected, not matter its shape. The US Copyright
           | Office has declared as much.
        
           | ethbr1 wrote:
           | I'll link to a previous comment of mine:
           | https://news.ycombinator.com/item?id=48968156
           | 
           | > _You need to have a very specific and 'creative' /
           | 'substantial' expression of an idea for copyright to apply.
           | The output of an LLM can be easily be such, but usually not._
           | 
           | This is incomplete with current US law. You need the above
           | (the typical copyright qualifiers) AND evidence of
           | substantial human involvement in the creation.
           | 
           | Minimally directing an autonomous agent does not qualify.
        
             | neuronexmachina wrote:
             | Just to be clear, what you're referring to is the current
             | US standard for whether a work is copywritable, not whether
             | training on data and "regurgitating existing ideas" is
             | fair-use. The latter is what the GP comment was about:
             | 
             | > There needs to be a royalty payment based on if the AI
             | regurgitates existing ideas. That is probably the correct
             | way to legislate this. If anything a human does can
             | instantly be copied by an LLM, and then sent to all its
             | subscribers, things need to change
        
               | ethbr1 wrote:
               | Correct. I just wanted to clarify the statement that
               | parent made, as it seems like lots of people have a
               | misassumption about the copyrightability of autonomous in
               | the United States.
               | 
               | Expect it will be clarified and/or changed by law given
               | how much money is at stake, but the current state is what
               | the current state is.
               | 
               | If I were developing key IP with agents, I'd be very
               | careful to document my human contribution.
        
         | pixlmint wrote:
         | if they had any intention of doing things "the right way", they
         | would have gone to every publisher individually and asked for a
         | proper license.
        
         | phire wrote:
         | This settlement has basically nothing to do with LLMs.
         | 
         | At least not as far as the courts are concerned. Alsup ruled
         | _[0]_ that feeding a book into an LLM is transformative and
         | counts as fair use. Especially when they purchased a physical
         | copy of the book, scanned it, and destroyed the original.
         | 
         | But if I'm reading the ruling correctly, Anthropic might have
         | been fine even with feeding pirated books into their LLM (as
         | long as they planned to eventually deleted them afterwards)
         | 
         | Where Anthropic ran into problems is that they put all their
         | pirated books into a big central library (file on a server),
         | and planned to keep those copies forever. Including copies they
         | never actually fed into the LLM (a point that seriously worked
         | against them).
         | 
         | Alsup ruled this central library of pirated books was copyright
         | infringement. And it's this "pirated central library" that
         | Anthropic are now paying a a 1.5B settlement for, nothing else.
         | 
         | The fact that the pirated books were also used to train LLMs is
         | legally irrelevant. Though... I suspect a non AI company could
         | have negotiated a significantly smaller settlement.
         | 
         |  _[0]_ https://copyrightalliance.org/wp-
         | content/uploads/2025/06/Bar...
        
           | embedding-shape wrote:
           | > At least not as far as the courts are concerned. Alsup
           | ruled [0] that feeding a book into an LLM is transformative
           | and counts as fair use. Especially when they purchased a
           | physical copy of the book, scanned it, and destroyed the
           | original.
           | 
           | > But if I'm reading the ruling correctly, Anthropic might
           | have been fine even with feeding pirated books into their LLM
           | (as long as they eventually deleted them afterwards)
           | 
           | The way I understood it, was that essentially the entire case
           | rested on if Anthropics use was "transformative" or not. And
           | since they literally destroyed the books (not just delete
           | files, which would be copied), that made it transformative.
           | 
           | Regardless if they deleted files or not, if nothing existing
           | was transformed, it would have been illegal. But because of
           | the destruction of knowledge physical property, this ended up
           | being legal.
        
             | phire wrote:
             | > And since they literally destroyed the books (not just
             | delete files, which would be copied), that made it
             | transformative.
             | 
             | You have to be careful, just because the judge points a
             | factor out as notable, doesn't mean that factor was
             | required.
             | 
             | The destruction of source books makes Anthropic's fair use
             | argument [2] especially air tight, but it would be a
             | mistake to assume that act was required, or is what made it
             | transformative.
             | 
             | In the previous google books case [1] (which this case
             | cites), google borrowed books from libraries, scanned them,
             | then returned them. They were not destroyed, google didn't
             | even keep the physical copy.
             | 
             | Yet Google Books was ruled fair use, because it was
             | transformative.
             | 
             | [1] https://en.wikipedia.org/wiki/Authors_Guild,_Inc._v._Go
             | ogle,....
             | 
             | [2] Note... This part of the ruling is still not about
             | LLMs. This was about Anthropic's right to scan books and
             | then keep a digital library of them.
        
               | embedding-shape wrote:
               | My understanding comes from here, seems pretty clear to
               | me but won't claim to be a lawyer of course:
               | 
               | > Ultimately, Judge William Alsup ruled that this
               | destructive scanning operation qualified as fair use--but
               | only because Anthropic had legally purchased the books
               | first, destroyed each print copy after scanning, and kept
               | the digital files internally rather than distributing
               | them. The judge compared the process to "conserv[ing]
               | space" through format conversion and found it
               | transformative. Had Anthropic stuck to this approach from
               | the beginning, it might have achieved the first legally
               | sanctioned case of AI fair use. Instead, the company's
               | earlier piracy undermined its position.
               | 
               | https://arstechnica.com/ai/2025/06/anthropic-destroyed-
               | milli...
               | 
               | Based on that I get the impression it's quite literally
               | the destruction part that makes it transformative,
               | without it, it wouldn't have been tranformative at all.
        
               | phire wrote:
               | I've read through the order again. I can't find anywhere
               | where Alsup says the destruction was required.
               | 
               | He cites three cases where a conversion from one format
               | to another (without destruction of the previous version)
               | was ruled to be fair use. Including scanning books with
               | the google books case. (And referenced the Napster case,
               | where a similar argument was rejected)
               | 
               | Then made the following comparison.
               | 
               |  _" Here, every purchased print copy was copied in order
               | to save storage space and to enable searchability as a
               | digital copy. The print original was destroyed. One
               | replaced the other. And, there is no evidence that the
               | new, digital copy was shown, shared, or sold outside the
               | company. This use was even more clearly transformative
               | than those in Texaco, Google, and Sony Betamax (where the
               | number of copies went up by at least one), and, of
               | course, more transformative than those uses rejected in
               | Napster (where the number went up by "millions" of copies
               | shared for free with others)."_
               | 
               | So it wasn't transformative because of the destruction.
               | The destruction only made it "even more clearly
               | transformative" than those other cases.
               | 
               | Like, how can destruction be required if there were
               | previous cases where it wasn't?
               | 
               | The key legal point is not that Anthropic destroyed the
               | books, but the key fact was that Anthropic didn't
               | distribute the scanned copies. Alsup keeps returning to
               | this point:
               | 
               |  _" But what matters most is whether the format change
               | exploits anything the Copyright Act reserves to the
               | copyright owner. Anthropic already had purchased
               | permanent library copies (print ones). It did not create
               | new copies to share or sell outside"_
               | 
               |  _" But again, the replacement copy here was kept in the
               | central library, not distributed"_
               | 
               | The conclusion of that section doesn't even mention the
               | destruction at all.
               | 
               | arstechnica isn't exactly wrong, the quote also mentioned
               | "and kept the digital files internally rather than
               | distributing them". It just put way too much emphasis on
               | the destruction, and not enough on the lack of
               | distribution.
               | 
               | The other thing that arstechnica are missing:
               | 
               | Antropic didn't destroy the books because they thought it
               | would strengthen their legal argument. They destroyed the
               | because it's a lot cheaper and faster to scan books by
               | ripping off their bindings and feeding the stacks of
               | loose pages into a document scanner.
        
               | embedding-shape wrote:
               | > So it wasn't transformative because of the destruction
               | 
               | I mean, the parts of "in order to save storage space" and
               | "The print original was destroyed. One replaced the
               | other." again makes it clear (to me at least) that the
               | destruction is pretty much what sticks out here that
               | makes it "more transformative" (whatever that means) than
               | the previous cited cases.
               | 
               | But yeah, agree that also "didn't distribute the scanned
               | copies" seems to have mattered a great deal, as well as
               | the destruction part.
        
               | economistbob wrote:
               | Yet countless families, including old folks were ruined
               | during untold numbers of RIAA suits because "converting
               | to save space" is not a permissable use.
               | 
               | They used to go around destroying lives by the thousands
               | after Napster was creating because of the invalidity of
               | that argument.
               | 
               | It is a crime to make a CD of your MP3s and vice versa,
               | and you cannot convert your VHS to DVD.
               | 
               | A billionaire does it at scale, well then saving space
               | via format conversion is a grand, while the peons still
               | can see their lives destroyed but with it hidden via the
               | CCB secret panel. Two tier American Justice on full
               | display. Bankrupty and seizure or worse for thee and
               | billions for he. Format conversion legalized only for
               | oligarchs, and of course, no appeal so it will only be a
               | binding precedent on that one rich guy and nobody else.
               | Tribe on both sides, keeping special rights for
               | themselves that are illegal for everybody else.
        
               | phire wrote:
               | I'm not aware of any cases where the RIAA sued people who
               | ripped their own CD/DVDs/VHS for personal use.
               | 
               | Their MO was suing owners of internet connections which
               | were seen sharing content on file sharing networks.
        
               | themaninthedark wrote:
               | Why is scanning a book transformative(a la Google) but
               | reading data off a CD and putting into a digital format
               | not?
               | 
               | How is streaming bits of the music from your computer not
               | transformative?
        
               | rpdillon wrote:
               | This is not backed up by any evidence. Ripping CDs was
               | never illegal. The DMCA made the circumvention of an
               | effective copyright protection mechanism illegal, which
               | made ripping DVDs and Blu-rays a crime. But that's
               | separate from copyright itself. The RIAA sued Napster
               | users not because they were converting files, but because
               | they were obtaining them from others without a license.
        
               | economistbob wrote:
               | There is a lot of evidence. I lived through it. Every
               | family with children and an internet connection or MP3
               | player was terrified of getting ruined suddenly via a
               | letter. It was in the news every day about some other
               | grandpa or single mother losing their house.
               | 
               | Ripping CDs was long illegal. Perhaps the Librarian of
               | Congress made an exception. Now they hid everything
               | behind a CCB that is like Arbitration so we will never
               | know because they have hid almost aspects of societal
               | justice about copyright and business labor behind
               | arbitration style secrecy. The most useful courts are
               | secret and now people believe there are no proceedings
               | and they do not understand how much of our society was
               | litigated and debated before.
               | 
               | Here is an article from 2008 Specifically explaining that
               | ripping a CD to format convert for personal use is
               | illegal and the RIAA and Sony BMG saying it merited suit
               | but they had bigger fish to fry.
               | 
               | 1. https://www.npr.org/transcripts/17814972
               | 
               | Mr. FISHER: That's right. So then, you have to ask
               | yourself, _why is the industry continuing to cling to
               | that notion that there is no such legal right?_ (1)
               | 
               | "Bigger fish to fry" is not the same as "legal".
               | 
               | People selling software to easily convert VHS to hard
               | drive were also punished. For decades they were very
               | clear that format shifting was outlawed. But now that it
               | supports centralizing power and creating a permanent
               | class of info-priests to rule the society, they allow it
               | for them.
               | 
               | Frankly, making all the justice system secret is why the
               | media had to turn to personality cult nonsense for most
               | reporting. All the great stories of the past were
               | informed via the justice system activities. Since all the
               | court stuff is secret now, all they had to talk about was
               | Donald Trump.
               | 
               | "Discovery" provided the bulk of news facts before they
               | secreted away all the justice system proceedings for
               | liability, labor, negligence, medical care, copyright.
               | 
               | It used to be possible to know stuff about America and
               | there was "evidence" all over the place. Now there is
               | never any evidence for anything anywhere. That's Scalia's
               | legacy thanks to Concepcion, absolutely gutting the
               | ability of the society to use Hawthorne effects to
               | discern legality and behavior.
               | 
               | This country used to have evidence for everything, and
               | now a lack of evidence is so common that it is a trope
               | level popular refrain.
        
               | rpdillon wrote:
               | You're confused about what was actually illegal and what
               | the industry wanted you to believe was illegal. They
               | didn't want to take anybody to court for actually ripping
               | a CD because they didn't want to lose and have the
               | precedent set like it was in Sony versus Betamax. This
               | isn't "bigger fish to fry". This is "terrified of the
               | precedent".
               | 
               | > The dispute arises from a suit the RIAA filed against a
               | man in Arizona who bought CDs, copied them into his
               | computer as MP3 files, and then put them into a shared
               | folder that other people could access through Kazaa, a
               | computer program for sharing music. He's being sued for
               | that last part.
               | 
               | Then they state what they wish were true:
               | 
               | > But according to Marc Fisher, legal documents and some
               | statements by industry officials make it clear that the
               | industry regards the simple act of copying a CD onto your
               | computer or your iPod as illegal.
               | 
               | But just because they wished it to be did not make it so.
               | Trillion-dollar companies have provided end-users with
               | software to rip CDs (including iTunes), and there's never
               | been a court case over it.
        
               | jcelerier wrote:
               | it was a crime to run your own unregistered taxi service
               | in many places until uber came and the laws changed to
               | adapt
        
               | economistbob wrote:
               | They did not change the laws. The rich tribe guy ignored
               | them and they let him off just like the Anthropic guy.
               | They did not change the laws. The old businesses just
               | folded and the new ones via unlicensed independent
               | contractors made cottage industries out of small scale
               | fraud and tax evasion.
               | 
               | How many Uber drivers can show their local business
               | license for every town they pick people up in? How many
               | have sales tax accounts for their state? Every uber
               | driver without them should have been charged with the
               | same crime as Al Capone.
               | 
               | Now they are trying to control the knowledge, and the
               | vehicle driving, etc. via AI.
               | 
               | It is frankly a tribe takeover via mass criminal
               | activity.
               | 
               | He should have been charged with tax evasion for every
               | pickup in a place where he lacked a business license, but
               | the tribe would never allow it. Compliance is only for
               | the other guys.
               | 
               | Only the dumb local guy graduating high school trying to
               | earn a living has to worry about legal compliance since
               | the rich guys are too hard to prosecute.
               | 
               | They did not change laws. They refuse to enforce them and
               | we are being taken over by the reincarnated legion of Al
               | Capone as a result.
        
               | jcelerier wrote:
               | > They did not change the laws.
               | 
               | yes they did?
               | 
               | in Quebec: https://www.ctvnews.ca/montreal/article/uber-
               | is-officially-a...
               | 
               | in France: loi Thevenoud and Grandguillaume (which were
               | the follow up to negociations between the french gov' and
               | uber), etc.
               | 
               | other countries are the same around the same period, e.g.
               | https://legislation.nsw.gov.au/view/html/inforce/current/
               | act... etc etc
        
               | rpdillon wrote:
               | Nope, that's a little bit of sloppy writing on the part
               | of Ars. I am not a lawyer, but I'll be happy to discuss
               | the technicalities with anybody here. I'm fairly
               | passionate about the technicalities of copyright.
        
               | dd8601fn wrote:
               | What does that mean to be "transformative", as a defense?
               | 
               | I thought that was explicitly disallowed use... like
               | turning someone else's book into an audiobook and selling
               | streaming access to it.
               | 
               | Or writing a film adaptation and selling the film.
               | 
               | Clearly I was thinking about it all wrong. Those wouldn't
               | be allowed, even if you legally aquire the book from a
               | store or library.
        
             | rpdillon wrote:
             | You're mistaken.
             | 
             | The transformativeness of the use is independent of the
             | destruction of the books. The destruction of the books
             | allowed them to argue that they had not duplicated them,
             | and was instrumental in the argument supporting the
             | legality of scanning them. But that's entirely upstream of
             | the way the data was leveraged, which is what is critical
             | in the argument about the use being transformative.
        
           | lp4v4n wrote:
           | It's easier to ask for forgiveness than permission, right?
           | 
           | It seems to be the modus operandi of corporations in general:
           | they commit any kind of infringement they want and then later
           | they go for a settlement with a value that's, of course, not
           | too big for a company too big to fail.
           | 
           | In the meantime, the average person or company gets shafted.
           | 
           | In my opinion, we are one step away from AI companies
           | capturing the entirety of copyright legislation.
        
             | baranul wrote:
             | You do indeed appear to have a valid point. Many "chosen"
             | companies, like Uber for example, appear to have broken
             | numerous laws. Legal action against many such companies
             | comes suspiciously slowly, where they have already obtained
             | massive profits and value, before the possibility of being
             | shut down comes. Then, when they are finally pulled into
             | court, they have all kinds of money for the best lawyers
             | and have already paid the right politicians (and others).
             | 
             | When the legal judgements for wrongdoing are finally handed
             | out, they often come across as just an inconvenience or
             | kind of tax, which is easily handled in comparison to the
             | profits they've already made. Yet, if average Joe or
             | persons not considered as being of "the right type" were to
             | do such actions, they quickly get the full book thrown at
             | them. Often, the full measure of legal punishment, where
             | their company and life is or about nearly over.
        
             | satvikpendem wrote:
             | Paying this sort of fee in the first place is itself
             | regulatory capture because only the big companies will be
             | able to pay it. If they can pirate to make an LLM then so
             | should us commoners be able to too.
        
           | smolder wrote:
           | As far as I'm concerned, the courts are wrong, and training
           | on ill gotten copyrighted material is not fair use. Given the
           | clear value of highly trained LLMs, the investment they have
           | taken on, and the amount of disruption to the existing
           | economy they stand to make, in a just world, the people who
           | created the training data deserve some level of compensation.
           | I think, in the US, they are very afraid of falling behind
           | China, who doesn't give a shit about intellectual property,
           | but that doesn't mean we aren't crossing an ethical boundary,
           | acting like them.
        
             | davidguetta wrote:
             | copyright is bullshit
        
               | aetherspawn wrote:
               | Copyright is what stops someone from copy+pasting a book
               | that took years to write, then selling it $1 cheaper than
               | the original author on Amazon or whatever and making a
               | margin 1 million percent higher than the original author.
               | 
               | Imagine a society without copyright... only physically
               | intensive jobs could make money because everything else
               | would be pirated, ripped-off or free. Thus, only those
               | who are financially independent could afford to publish.
               | Because the world _really_ needs more rich class
               | propaganda...
        
               | smolder wrote:
               | Right, it's about incentivising intellectual work. While
               | I have big issues with the copyright system, like all the
               | extensions lobbied for by Disney and friends, it did
               | enable a lot of good work to happen.
        
               | skinfaxi wrote:
               | > it did enable a lot of good work to happen.
               | 
               | How do we know that when we don't have a copy of the
               | world without this regime? How much more and greater
               | works could have been produced without such a repressive
               | system?
               | 
               | A really successful work becomes part of the culture, and
               | remixing, derivatives and other modes of integrating
               | cultural artifacts are prohibited. Why should we allow
               | corporations to own our culture?
        
               | andsoitis wrote:
               | You're arguing that freely remixing original work will
               | give rise to greatness that's even better than original
               | work?
        
               | skinfaxi wrote:
               | Isn't most creative work synthesis rather than unique
               | whole-cloth creation? Look at what happens with software
               | when it is open sourced and allowed to be remixed freely.
               | Are we better or worse off because of it?
        
               | andsoitis wrote:
               | There's nothing that prevents people from remixing things
               | that are not copyrighted and create something amazing
               | that others are interested in or of cultural value.
               | 
               | With open source, I should note, its remixing is in fact
               | governed by copyright.
        
               | ck2 wrote:
               | I think the idea is if "AI" can solve math proofs that
               | humans haven't for a century then if "AI" freestyles
               | stolen art and literature then it might create something
               | as good if not better because of resources and processing
               | power
               | 
               | There might be something to that logic but art and
               | literature doesn't obey rules like math and copyright
               | exists to protect creators
        
               | satvikpendem wrote:
               | Yes? I don't understand how this is even a question, this
               | is exactly how it worked throughout human history.
        
               | andsoitis wrote:
               | In what way is copyright preventing it today?
        
               | smolder wrote:
               | Yeah, I can't AB test against a world without copyright
               | at all, but I think there's sufficient evidence to
               | believe that a lot of stuff would never have gotten done
               | without copyright to ensure it could be done gainfully.
               | 
               | The importance of striking a balance between
               | incentivising creation and enriching culture was why the
               | original copyright term was dramatically shorter. The
               | modern term of owners life + 80 years or whatever it is,
               | is clearly ridiculous. 20 years before entering public
               | domain seems pretty reasonable.
               | 
               | There's unfortunately also some pressure against people
               | using legitimate public domain works. E.g. youtubers
               | getting copyright strikes for playing public domain music
               | because it's too similar to a specific copyrighted
               | recording.
        
               | deaton wrote:
               | Go read a few fanfics and tell me you still think that
               | theres added value.
        
               | satvikpendem wrote:
               | Quite rich coming from a creator apparently, only certain
               | creations are deemed worthy by you, seems like it
               | invalidates your entire stance on the sanctity of art
               | that all these pro-copyright people seem to hold.
        
               | Morromist wrote:
               | That's oversimplifying things.
               | 
               | Copyright doesn't actually stop me from pirating a book
               | or an mp3 right now. Heck, I'll just download a book
               | right now. Bam. Done. Some things are so difficult to
               | keep from being pirated, such a photographs, that saying
               | the copyright system protects photographers strikes me as
               | a bit silly. It does protect some commercial
               | photographers if a magazine wants to sell their photo
               | sometimes, but that's a very very small slice of all the
               | photos in copyright that are being shared online right
               | now.
               | 
               | Also there are other systems that might protect an
               | author's financials. Off the top of my head I imagine you
               | could do a netflix model where every citizen pays some
               | taxes to consume intellectual property like a utility.
               | Then the goverment finds a way to measure what is being
               | consumed and gives each author a share based on the rate
               | of consumption. In fact the "intellegence is a ultility"
               | ramblings of Sam Altmen sort-of point in this direction.
               | But that's just one idea thought up early in the morning
               | when its too hot to sleep properly. I'm sure there are
               | many others.
        
               | Jensson wrote:
               | > It does protect some commercial photographers if a
               | magazine wants to sell their photo sometimes, but that's
               | a very very small slice of all the photos in copyright
               | that are being shared online right now.
               | 
               | That is a very small slice thanks to copyrights. Without
               | copyrights then corporations stealing from the small guy
               | like this would be the majority of it.
        
               | skinfaxi wrote:
               | > Thus, only those who are financially independent could
               | afford to publish. Because the world really needs more
               | rich class propaganda...
               | 
               | Yes, all the rich class propaganda being pushed by open
               | source developers working on software in their free time.
        
               | Lerc wrote:
               | How many times were hugely popular books rejected before
               | a publisher decided they were worthy?
               | 
               | Copyright far more protects the wealthy than the good.
               | They don't need to sell your book, they just need to own
               | the book that people are buying right now. Giving your
               | book a chance to sell would dectract from those sales.
               | 
               | If there were no copyright anyone trying to sell the book
               | $1 cheaper would be undercut by someone selling $1
               | cheaper them them, and so on. The financial incentive to
               | do that goes away. People then choose to distribute based
               | on different incentives, like the fact that they have
               | seen something worthy that others should see. We have
               | almost completely lost that today because the financial
               | incentive doesn't care what it is as long as you buy it.
               | That might lead to a world dominated by an optimisation
               | for whatever it takes to get you engaged, or worse,
               | addicted. That world might really suck.
               | 
               | There needs to be a way to support the creation of art.
               | Copyright lets a few corporations decide the subset of
               | available art is seen enough and available to pay for (in
               | the hope that maybe some of the patment gets to the
               | creator). It is not a system that works in the modern
               | world.
        
               | freejazz wrote:
               | Well, there is nothing to distribute if the author is not
               | incentivized to write... which you seemed to skip past.
        
               | Lerc wrote:
               | Indeed, perhaps I should have said
               | 
               | There needs to be a way to support the creation of art.
        
               | deaton wrote:
               | Great, that way is called copyright. The author has the
               | _right_ to control who has the rights to distribute their
               | work, and can require compensation in exchange for that
               | right; what economists refer to as  "selling".
        
               | satvikpendem wrote:
               | People have been paid artists before copyright even
               | existed, what some might call patronage.
        
               | freejazz wrote:
               | And?
        
               | freejazz wrote:
               | >There needs to be a way to support the creation of art.
               | 
               | Yeah, it's called "copyright."
        
               | joquarky wrote:
               | If money is the only incentive, then it's not a product
               | of artistic work.
               | 
               | Also current copyright laws only exists to fulfill the
               | constitutional mandate to promote the progress of science
               | and useful arts. There are a lot of alternative ways to
               | fulfill that mandate that don't include a lot of the
               | baggage we have presently in copyright law which is now
               | slowing down progress.
        
               | freejazz wrote:
               | >If money is the only incentive, then it's not a product
               | of artistic work.
               | 
               | This is just bullshit and no one said it's the only
               | incentive.
               | 
               | > There are a lot of alternative ways to fulfill that
               | mandate that don't include a lot of the baggage we have
               | presently in copyright law which is now slowing down
               | progress.
               | 
               | such as??
        
               | WarmWash wrote:
               | I can't tell if this comment is satire or not.
               | 
               | You're speaking to the generation of pirates. What?
               | Suddenly everyone is hanging up their high seas hat to
               | capture the virtue signals of current sentiment?
        
               | satvikpendem wrote:
               | It's funny because copyright only benefits the rich now.
               | Record labels hold all the copyright to songs, same with
               | publishers for books, Disney made sure it lasts over a
               | hundred years. The days of copyright being held by
               | individuals in any real sense is long gone.
        
               | klabb3 wrote:
               | This reminds me of this argument with
               | libertarians/ancaps:
               | 
               | A: rich people pay less % in taxes than wage workers, we
               | should close the loopholes
               | 
               | B: but taxes are immoral to begin with
               | 
               | A: ok, but can we do something now about the unequal
               | enforcement? Unrealized gains, tax havens, trusts, fake
               | charities, etc?
               | 
               | B: well a society based on property rights... ackhully
               | you should read this book by Mises/Rothbard/Rand
        
               | economistbob wrote:
               | Never really understood how libertarians expect to have
               | someone making guns for their fiefdoms when there is no
               | one to enforce property rights for said gun elements and
               | manufactories.
        
               | oblio wrote:
               | Libertarianism is not a philosophy. It's selfishness
               | taken to extremes and trying to find ways to justify it
               | at a societal level. The only reason we're the top
               | species is because we're ultra social and have culture,
               | which is inherently a social trait (don't eat those red
               | berries, they're poisonous). Libertarianism want all the
               | benefits of working together with no actual thought into
               | how that working together happens in real life, including
               | punishment for bad behavior.
        
               | Jensson wrote:
               | Yeah its wrong in very very similar ways to communism.
        
               | economistbob wrote:
               | What very very similar ways would that be?
        
               | satvikpendem wrote:
               | I guess they presume it requires on the good will of
               | everyone to live peacefully without violating (non-
               | existent) property laws over, say, robbing you in your
               | sleep.
        
               | zelphirkalt wrote:
               | I would be fine with abandoning copyright ... If it is
               | done for everyone equally, and not just tech giants and
               | VC money businesses get a free pass, while everyone else
               | still has to follow the copyright laws. Lets go ahead and
               | usher in an age of free information and experiencing all
               | forms of human expression for everyone. But lets also
               | come up with a way, to compensate our creative minds and
               | our educators and artists. How about that UBI? We stand
               | much to gain as humanity.
        
               | reactordev wrote:
               | This. Copyright is a flawed system. There can be
               | alternatives that allow more than 1 player to play and
               | not create monopolies.
               | 
               | For example. I invent a new method of power washing. I
               | start a power washing business using new tech. I file the
               | tech for patent and copyright-equivalent use. This is
               | then made available to other power wash companies that
               | wish to use the tech and be certified in it so long as a
               | small portion of their revenue goes back to the inventor
               | for a set amount per volume, or something similar of a
               | metric that has a cutoff after a point.
               | 
               | This will breed new industries, create new jobs,
               | introduce new innovations, and allow the markets to move
               | on from being strangled by one giant corporation.
        
               | satvikpendem wrote:
               | Isn't that just...patent licensing? But I agree that it
               | should be a forced outcome so everyone can use it rather
               | than waiting a ridiculous 20 years.
        
             | satvikpendem wrote:
             | In that case AI should just be open source/weight. I don't
             | agree with copyright in general but I see where you're
             | coming from.
        
             | 7952 wrote:
             | I think this posture is hugely beneficial to China if they
             | can commoditise the hardware.
        
             | roysting wrote:
             | So will you owe life long compensation for all the
             | knowledge you got from books too? How about all the pirated
             | books, music, movies, etc you consumed? When will you set
             | up a life long payment plan to corporations that own these
             | rights, because I have a bridge to sell you if you think
             | any of this settlement will go to any of the people who
             | created anything.
             | 
             | I'm guessing you have some kind of imagined idea of some
             | small author being compensated handsomely for his book and
             | all future earnings that could have come from it. Reality
             | though is that between the attorneys that will run away
             | with some high triple digit millions and the corporations
             | that own the rights to the subject works, there will be
             | measly "checks" for any actual person that created
             | anything, i.e., an artist or author.
             | 
             | In an odd way, this whole case is really just "capitalism"
             | cannibalizing itself, i.e., publishers greedily and also in
             | a terrified manner trying to steal away as much capital
             | from the technological shift to AI as possible in order to
             | either create a buffer or fund their transformation to
             | adapt to what AI means to the very nature of writing
             | itself, let alone publishing.
             | 
             | I suspect human writing could survive, but I don't see any
             | room for publishers.
        
               | skinfaxi wrote:
               | > So will you owe life long compensation for all the
               | knowledge you got from books too?
               | 
               | No because we are people and the laws differ for people,
               | corporations, and machines.
        
               | insanitybit wrote:
               | I think people forget that laws are perfectly capable of
               | carving out exceptions, leaving purposeful ambiguity,
               | expressing intent, etc. Yes, humans can have special
               | rules, and very obviously should since laws exist to
               | improve human lives.
        
               | freejazz wrote:
               | > So will you owe life long compensation for all the
               | knowledge you got from books too?
               | 
               | You're just falling into the trap of anthropomorphizing
               | the phrase "training" in the context of LLMs, which is
               | not the same things as what humans do. There is no
               | evidence they are the same thing and there is nothing to
               | support the notion that what an LLM does when it "trains"
               | on a book is equivalent to a human reading it.
        
               | flir wrote:
               | Whatever "training" is, if you can't persuade the machine
               | to spit substantially the same text back out verbatim,
               | it's clearly not something that falls under _copy_ right
               | law either, because there's no copy.
               | 
               | Yes, for some texts that's possible. But for the vast
               | majority, it is not.
        
               | tarnith wrote:
               | Can you cite any information on this not being possible
               | for the vast majority?
               | 
               | Or is it simply that the correct prompt hasn't been
               | written for all possible cases?
               | 
               | I also fail to see the difference if logic/harnessing is
               | added around a vector database that can output the
               | complete corpus, but simply is instructed not to.
               | 
               | It very clearly is still compressing the information into
               | the vector weights, and then recovering that information,
               | thus the information is encoded.
               | 
               | Why is a vector database somehow completely different
               | from maintaining a library of the text itself?
        
               | satvikpendem wrote:
               | Information entropy. The amount of data an LLM ingests
               | cannot be compressed to the size of the weights even at
               | maximum theoretical compression.
        
               | insanitybit wrote:
               | Is that relevant? I can use a lossy compression algorithm
               | such that the original could never be recovered from the
               | image I've produced, but that derived image would surely
               | be under copyright.
               | 
               | LLMs are obviously capable of producing "exact" phrases
               | as well. Ask it to give you famous quotes, it can do it.
               | Ask it to read a paper for you and cite it, it can do it.
        
               | flir wrote:
               | > but that derived image would surely be under copyright.
               | 
               | I wouldn't bet on that.
               | https://en.wikipedia.org/wiki/Campbell%27s_Soup_Cans
        
               | insanitybit wrote:
               | I don't know that this really challenges anything
               | relating to compression.
        
               | consensus1 wrote:
               | You are asking to prove a negative. But even assuming
               | that the model is capable of returning every bit of its
               | training data verbatim (a mathematical impossibility)
               | that would not be enough as mere capability is
               | insufficient here. If capability alone were the standard
               | any library that also has a photocopier / scanner would
               | be in violation.
               | 
               | To prove distribution of copyrighted materials it would
               | have to be practical and actually used in the wild by
               | people to circumvent copyright and generate copies of
               | those works. Again, I can't prove a negative, but that
               | isn't the standard, and nobody has shown a practical
               | exploit here.
        
               | flir wrote:
               | There was a paper a while back where (from memory) they
               | managed to coax 75% of the original text of some
               | internet-popular books out of an LLM. Harry Potter, 1984,
               | etc. That's why I said it was possible for some texts.
               | 
               | My assumption is that multiple copies in the training
               | data "wear a deeper groove". I believe those are
               | infringing, and should be dealt with on a case-by-case
               | basis. But the vast majority of text doesn't wear that
               | groove.
               | 
               | (Edit: Think it was this one
               | https://arxiv.org/abs/2601.02671)
        
               | flir wrote:
               | Nah, I can't prove a negative. But Common Crawl is 12
               | petabytes and is not the largest part of what these
               | models get trained on. DeepSeek v4 Pro is, what, 865GB?
               | 
               | That's one hell of a compression ratio, if it can do what
               | you claim.
        
               | ripe wrote:
               | > spitting out verbatim text
               | 
               | The New York Times lawsuit is resting on the point that
               | large chunks of undigested articles can be vomited out.
               | OpenAI tried to have the lawsuit thrown out but the
               | courts permitted it to continue.
               | 
               | The Times... alleged that OpenAI's ChatGPT and
               | Microsoft's Copilot had produced near-verbatim replicas
               | of copyrighted articles, that the chatbots generated
               | hallucinated content falsely attributed to the Times, ...
               | 
               | https://en.wikipedia.org/wiki/The_New_York_Times_v._Micro
               | sof...
        
               | nomel wrote:
               | > spitting out verbatim text
               | 
               | > had produced near-verbatim replicas
        
               | flir wrote:
               | Don't get too hung up on the preciseness of the copy -
               | the courts won't. I doubt that spitting out an existing
               | article with a few adjectives changed would be considered
               | transformative.
        
               | flir wrote:
               | It's possible. Would be interesting to see their
               | evidence, and to know whether they can reproduce it for
               | arbitrary articles, not just ones that have been
               | endlessly republished on the net.
        
               | freejazz wrote:
               | > if you can't persuade the machine to spit substantially
               | the same text back out verbatim
               | 
               | That's exactly what they've done in a number of the
               | lawsuits, so I'm not sure why you think that hasn't
               | occurred.
        
               | cowboylowrez wrote:
               | This reliably inevitable rationalization comes up in
               | every thread it seems, and its ultimate goal is to
               | humanize AI. This is what the big guys want us peons to
               | believe and it works so well, I have even been lectured
               | by an AI for being rude, the implication was that I was
               | logged in and it would be a shame if anything happened to
               | my account.
               | 
               | Quit trying to make AIs human, people who are trying to
               | make AI human keep forgetting that humanized AI's have
               | only the morals relevant to their mission, there is no
               | profit in humanizing AI's because if we continue on this
               | track of humanizing AI's, we being stupid humans will
               | grant them civil rights expecting these new AI's with
               | rights will somehow respect our rights and thats a
               | fundamental misunderstanding of how AI'S actually work.
        
             | dghlsakjg wrote:
             | > As far as I'm concerned, the courts are wrong, and
             | training on ill gotten copyrighted material is not fair
             | use.
             | 
             | It's important to remember that a court's job is to apply
             | law to a situation. When a court gets something wrong it's
             | a misinterpretation of the law and will, by definition, be
             | overturnable on appeal. I suspect that your objection isn't
             | that the court is wrong, it's that the law is wrong.
        
               | freejazz wrote:
               | It's not a settled area of law and there is a SDNY judge
               | that has a completely different application of the fair
               | use analysis in the same exact context and came to a
               | completely different conclusion (that it is not fair
               | use).
        
               | budsniffer952 wrote:
               | What do you know, you can get someone to support any
               | message or arguments you want.
               | 
               | Lesson in there about experts and politics.
        
               | consensus1 wrote:
               | I would like to see a citation on that b/c I am unaware
               | of it. The only case I see in SDNY is the NYT v OpenAI
               | case which has not been ruled on yet.
               | https://www.reuters.com/legal/legalindustry/copyright-
               | law-20...
        
               | freejazz wrote:
               | Sorry, I'm thinking of _Kadrey_ , where the court
               | rejected Anthropic's "training" argument and provided an
               | explanation as to how author litigants should demonstrate
               | market harm in order to succeed on a fair use analysis, a
               | factor that Alsup did not effectively weigh.
        
               | smolder wrote:
               | Yes, ultimately the problem is that the law is vague or
               | inadequate. The courts have their definitions of fair
               | use, which are their best efforts at interpreting the
               | law, and I have mine, which is different.
        
               | themgt wrote:
               | _William Roper: "So, now you give the Devil the benefit
               | of law!"_
               | 
               |  _Sir Thomas More: "Yes! What would you do? Cut a great
               | road through the law to get after the Devil?"_
               | 
               |  _William Roper: "Yes, I'd cut down every law in England
               | to do that!"_
               | 
               |  _Sir Thomas More: "Oh? And when the last law was down,
               | and the Devil turned 'round on you, where would you hide,
               | Roper, the laws all being flat? This country is planted
               | thick with laws, from coast to coast, Man's laws, not
               | God's! And if you cut them down, and you're just the man
               | to do it, do you really think you could stand upright in
               | the winds that would blow then? Yes, I'd give the Devil
               | benefit of law, for my own safety's sake!"_
        
               | tetha wrote:
               | This is why the idea of being "Vogelfrei" or "lawless"
               | was honestly a terrifying concept in the middle ages.
               | They are neither bound by law, nor protected by law.
               | 
               | A lawless man can be struck down with force without
               | persecution by law, because they are lawless.
        
             | WarmWash wrote:
             | "I haven't loaded an advertisement in 20 years, I have 6TB
             | of movies, 2TB of music, and seemingly endless file trees
             | of mangas, all acquired for free over the years. Now having
             | not said that, I beg you enforce copyright on these AI
             | labs, so I can get a cut of their revenue for my years of
             | writing well researched comments on the internet"
             | 
             | The internet, in true internet fashion, still has the
             | general logic level of a 15 year old.
        
             | thayne wrote:
             | IMO, using copyrighted works to train models should only be
             | "fair use", if the models are then released as (at least)
             | open weight, so that the public can benefit from it.
             | (Although as noted by a sibling, this would require a law
             | change, not action by the court).
        
               | sashank_1509 wrote:
               | I'm not sure if that's enough but it would be a great
               | start.
        
             | inlined wrote:
             | Adobe's ereaders had a disclaimer that their books cannot
             | be read aloud. There's clearly precedent that this sort of
             | transformation was disallowed by publishers at the time.
             | Interestingly, at least the audiobook of the latest dungeon
             | crawler Carl has a disclaimer that it can't be used to
             | train AI
        
           | satvikpendem wrote:
           | That's a good ruling, because otherwise only the big
           | companies can afford to pay for enough content to make an LLM
           | (say goodbye to open weight or research LLMs). Having a fee
           | like this is actually a form of regulatory capture.
        
           | cataphract wrote:
           | > But if I'm reading the ruling correctly, Anthropic might
           | have been fine even with feeding pirated books into their LLM
           | (as long as they planned to eventually deleted them
           | afterwards)
           | 
           | The court says otherwise.
           | 
           | > Such piracy of otherwise available copies is inherently,
           | irredeemably infringing even if the pirated copies are
           | immediately used for the transformative use and immediately
           | discarded.
           | 
           | Then it says it doesn't need to decide on that basis because
           | they kept it not just for training LLMs, but also for
           | building a central library. Which seems a bit ridiculous,
           | because the sole purpose of the central library is to train
           | LLMs.
        
           | zelphirkalt wrote:
           | Who would have thought, that this is the way, which we take
           | to arrive at the burning books stage again? They neatly line
           | up with historical perpetrators in that regard.
        
           | freejazz wrote:
           | >But if I'm reading the ruling correctly, Anthropic might
           | have been fine even with feeding pirated books into their LLM
           | (as long as they planned to eventually deleted them
           | afterwards)
           | 
           | You're not. Even if training is fair use, it doesn't mean you
           | can steal copies to train the model. It just means the
           | training itself isn't an infringement (in Alsup's opinion).
           | Stealing the copies of the books _was_ an infringement and
           | that 's exactly the liability that Anthropic settled.
        
           | xuhu wrote:
           | Hey I just came up with this idea, I'm going to feed
           | copyrighted books into my LLM that remembers them verbatim,
           | and then people pay me to ask the LLM for complete copies of
           | a book.
           | 
           | Wait, no, not verbatim. It _transforms_ upper case into lower
           | case and vice versa.
        
         | one33seven wrote:
         | If it is based on all our data, we should all own it and
         | democratically chose what is done with it or profits it
         | generates
        
         | Zambyte wrote:
         | The correct way to legislate this is to abolish copyright. It
         | is strictly a negative force. Nobody makes art because of
         | copyright, only in spite of it.
        
           | inigyou wrote:
           | Commercial enterprises make _content_ , like Marvel movies
           | and Netflix series, because of copyright.
        
             | Zambyte wrote:
             | Commercial enterprises stand on the shoulders of lax
             | copyright laws. For example, foundational Disney works
             | would have been illegal for them to make under the
             | copyright laws they have since purchased.
             | 
             | https://drewdevault.com/blog/Alice-in-Wonderland/
             | 
             | Copyright is a textbook ladder pull.
        
             | YetAnotherNick wrote:
             | What copyright law helps them? They have the least to worry
             | about copyright as even if someone copies the movie script
             | or something it's not like their views will be gone because
             | of that.
             | 
             | I am not against trademark. e.g. Disney has a right on who
             | can sell Mickey Mouse figurine, or Marvel has right over
             | Iron man character and franchise.
        
           | ivell wrote:
           | People make art to also get recognized for that art.
           | Otherwise they would keep that art secret at home.
           | 
           | Without copyright, anyone can copy the art and call it their
           | own. What is then the incentive for the creator to share the
           | art, if there is neither monetory gain and nor fame. And
           | worse than them being recognized, they might even get accused
           | of copying their own art if someone else became famous due to
           | a copy.
           | 
           | Society would miss out a lot.
        
             | Zambyte wrote:
             | There are lots of famous artists that are older than
             | copyright.
             | 
             | > And worse than them being recognized, they might even get
             | accused of copying their own art if someone else became
             | famous due to a copy.
             | 
             | You mean like right now? Here is A24 claiming copyright for
             | Backrooms related media that came out before their
             | Backrooms related film:
             | https://kotaku.com/backrooms-a24-copyright-strikes-kane-
             | pars...
             | 
             | Being "accused" of copying literally does not matter if
             | copyright didn't exist. This framing is only an issue under
             | copyright.
             | 
             | > Society would miss out a lot.
             | 
             | Society actively misses out a lot. We could have had tons
             | of derivative art that has been buried for the sake of
             | propping up companies. We could have had Aaron Swartz.
             | Abolish copyright.
        
               | ethbr1 wrote:
               | > _There are lots of famous artists that are older than
               | copyright._
               | 
               | There are lots of famous artists that made art before
               | color image capture and reproduction (1930s-60s) and
               | digital image capture and reproduction (90s-00s).
               | 
               | Copyrightless artist fame and economic viability is
               | enabled by a lack of widely-accessible, cheap
               | reproductive methods.
               | 
               | > _You mean like right now? Here is A24 claiming
               | copyright for Backrooms related media..._
               | 
               | Since resolved: https://kotaku.com/backrooms-director-
               | kane-parsons-a24-copyr...
               | 
               | Turns out when you outsource copyright policing to
               | minimum wage folks, ambiguity goes out the window.
               | 
               | > _Society actively misses out a lot. We could have had
               | tons of derivative art that has been buried for the sake
               | of propping up companies. We could have had Aaron Swartz.
               | Abolish copyright._
               | 
               | The problem with absolutist arguments is that they ignore
               | inconvenient facts.
               | 
               | At a time when creative and art economics is under siege,
               | how would copyrightless art make enough money for the
               | creators?
               | 
               | The fact of the acquisition of large swaths of copyright
               | rights by large corporations does not negate the fact
               | that artists need food (and ideally, a place to live and
               | a way to provide for their family).
               | 
               | There are positions that might enable that (Hey, what if
               | we banned the assignment of copyright to corporations?
               | Human only? Original creator only?), but none of them are
               | stripping all rights from intellectual property.
        
           | newsclues wrote:
           | What if copyrights are shorter, but vigorously defended
           | (other than fair use provisions)?
           | 
           | Can we use the modern tech (AI) to policy copyright
           | infringement, to liberate the culture and business?
        
             | Zambyte wrote:
             | The shorter the copyright the better. Zero is the best.
        
         | jstummbillig wrote:
         | > There needs to be a royalty payment based on if the AI
         | regurgitates existing ideas
         | 
         | This does not do enough to fix the root problem.
         | 
         | People who live right now, who happen to have written or
         | produced anything that AI works with, build on the back of
         | humanities combined knowledge, will become outsized
         | beneficiaries of AI, with the AI wave offering new ways of
         | monetizing their work - while everyone who has not, won't be.
         | 
         | It's simply not good enough. We have to make sure people
         | broadly benefit first and foremost.
        
         | crest wrote:
         | It's easy to beat up on OpenAI and Anthropic, because they have
         | lots of money and knowingly broke the law, but writing the book
         | was onetime work too. Do we really want to turn everything into
         | recurring revenue stream to skim of? How would that even work
         | for an open weights model? Would you say the same about a human
         | educating themselves from a book? The answer has to be more
         | than pearl clutching for poor starving little authors (and the
         | not so poor class action lawyers).
        
         | nobleach wrote:
         | I agree. If I pirate a book and share it on the web, and I get
         | busted for doing so, and subsequently pay a fine, I don't get
         | to KEEP sharing it on the web.
         | 
         | Now, if I license the book, I might be able to come to an
         | agreement with the author/publisher whereby I can share some of
         | it.
        
           | drngdds wrote:
           | The post specifically proposes royalties for ideas from
           | books, not royalties for the books themselves. You would
           | absolutely still be able to share ideas you learned from the
           | books you pirated in that situation. It'd be insanely
           | draconian if you couldn't.
           | 
           | (Then again, US copyright law often is insanely draconian.)
        
         | andsoitis wrote:
         | > royalty payment based on if the AI regurgitates existing
         | ideas
         | 
         | That doesn't make sense. You cannot copyright an idea, only the
         | specific expression of the idea.
        
         | dec0dedab0de wrote:
         | _There needs to be a royalty payment based on if the AI
         | regurgitates existing ideas._
         | 
         | We're trying to own ideas now?
        
         | freejazz wrote:
         | > There needs to be a royalty payment based on if the AI
         | regurgitates existing ideas.
         | 
         | The settlement does not pertain to any outputs
        
         | giancarlostoro wrote:
         | I'd rather see AI studios do the same as the film industry, pay
         | a one-time up front cost per major model (or major.minor?)
         | depending on how they contract it out. This also allows smaller
         | startups to license books for less than a larger frontier
         | studio would. In theory and hopefully, the pricing would not be
         | too insane per book, you want them to rent more books and spend
         | more, not go back to pirating right?
        
         | efficax wrote:
         | how would you do that? you can copyright words, but you can't
         | copyright an idea (you can patent some ideas, but not all of
         | them)
        
       | doitright99 wrote:
       | If a person did this, this person would go to jail. If a company
       | does it? Small fine and the green light to cannibalize more
       | content. Funny how that works.
        
         | cataphract wrote:
         | It's not a small fine. It's much more than what each title
         | could be bought for in the market.
        
       | octocop wrote:
       | Roko's basilisk might be at work here
        
       | cultofmetatron wrote:
       | I do recall that a "famous redditor" was driven to suicide for
       | making works available and he wasn't even making money for it.
        
         | archerx wrote:
         | He wasn't just some famous redditor. Aaron Swartz helped create
         | Reddit and invented RSS.
         | 
         | If I put my conspiracy theory hat one and I always get piled on
         | for this theory in other online communities but I think it
         | could be possible. The theory is I think Aaron found some very
         | dark stuff while exploring the MIT private networks, things
         | that he was not supposed to see and could be very damaging to a
         | lot people if they were exposed. The infamous Jeffery Epstein
         | was donating a lot of money to MIT and its Media Labs. I think
         | there is a much deeper story at play that the mainstream
         | narrative is hiding with a "suicide".
        
           | kimjune01 wrote:
           | understatement is a kind of humor, when he said 'redditor'
        
           | nylonstrung wrote:
           | If he found fucked up stuff regarding crimes way worse than
           | his on university networks don't you think he could have
           | gotten out of the sentencing entirely by cooperating against
           | them
           | 
           | Epstein was relatively restrained even in his personal email,
           | I doubt he was using MIT administrated systems to facilitate
           | a pedo ring
        
             | vagrantJin wrote:
             | It's not that simple. If he did find dark stuff, and he got
             | caught - he will have both the state murderers and the
             | filth on his case. That's the best case scenario assuming
             | the state isn't on the side of the filth by which case he
             | was cooked no matter what he did. Filth does not even have
             | come after you. They can just send you a family portrait
             | and you'd know the hole is deep and only one way out.
        
             | avesi wrote:
             | Have you seen how the legal system is protecting everyone
             | associated with those crimes, despite how high profile they
             | are?
        
           | inigyou wrote:
           | Aaron Swartz founded Reddit in the same way that Elon Musk
           | founded Tesla, but without the money.
        
             | archerx wrote:
             | Right with his tech skills instead of money.
        
               | inigyou wrote:
               | No, he was added later to an already existing project and
               | claimed credit for it.
        
               | archerx wrote:
               | Ok Spez
        
             | ChrisRR wrote:
             | No Aaron joined reddit through a merger of the company he
             | co-founded, where he was a developer. Musk just threw money
             | at it
        
           | Quothling wrote:
           | I'm not from the USA so my views are obviously biased by
           | this. I very much doubt Epstein committed suicide, and it's
           | been wild to watch you guys deal with it, not releasing the
           | files, holding nobody accountable and so on. That being said,
           | I also don't think there needs to be a big dark secret to
           | explain why someone caught in the USA justice system would
           | commit suicide.
           | 
           | It's crazy that you could face 35 years in jail for trying to
           | free knowledge in a harmless manner. The longest anyone has
           | been imprisoned for in my country in modern times is 26
           | years, 11 months and 6 days. We have a few people posed to
           | break that record. Peter Lundin has been in prison for 25ish
           | years, and him and Peter Madsen (the discount elon musk
           | turned murderer who killed some poor journalist in is
           | selfmade submarine) are contenders to people who will
           | probably go beyond 35 years.
           | 
           | Not that our system is perfect. I think we're far too lenient
           | on some crimes, but risking 35 years in jail for downloading
           | and sharing academic knowledge... That's objectively evil.
        
           | satvikpendem wrote:
           | That's the joke, why do you think they put it in quotes?
        
           | phailhaus wrote:
           | Your theory is that he found "very dark stuff" that is
           | accessible to any MIT student? Schwartz didn't "hack"
           | anything, he connected to their student network and
           | downloaded articles that they had access to but the public
           | didn't.
        
       | gabriel666smith wrote:
       | I work as an author. I believe this is total bullshit, from
       | beginning to end - the ruling, the settlement, and the suit
       | itself.
       | 
       | In the UK, we have a thing called the Public Lending Right [1].
       | This pays authors a fixed sum each time their book is taken out
       | of a library, up to a capped amount.
       | 
       | The cap isn't very high - about $7k - so it is both an _OK_ bit
       | of income for authors who might be making very little money
       | elsewhere, and also doesn 't end up all going to authors who are
       | already bestsellers. It's a decent legal system for helping
       | libraries hold niche titles as well as the popular ones. This is,
       | after all, the purpose of a library.
       | 
       | To establish my bias here: My debut novel came out after the
       | period this specific suit concerns. I also uploaded it to LibGen
       | myself.
       | 
       | I strongly believe that books should be available to read, free
       | of charge, to all people. I benefited enormously from libraries
       | and piracy growing up. I think they serve an important
       | educational purpose that does not end when a person leaves
       | school, and I do not think wealth or disposable income is a fair
       | way to decide the breadth of a person's education.
       | 
       | I also have no problem with people making new "language things"
       | using my work. I love sample-based music (like dance music, hip
       | hop, etc) and it'd be hypocritical for me to take issue with
       | anyone doing analogous things using books. Maximising sales is
       | not the end-goal of making art, for me personally. Other artists
       | feel otherwise. They consider training on pirated books stealing.
       | That's OK - it's not for me to tell them what to believe.
       | 
       | The problem for me is that these corporations - undoubtedly still
       | pretraining on pirated material - are, essentially, leeching. By
       | not releasing the model as open-weight, freely available, they
       | are not acting in the same spirit of the system they took
       | advantage of. It's the Spotify model: pirate first, pay a nominal
       | amount that does not meaningfully harm profit later. Now the dust
       | has settled there, we can see the harm it has done to music
       | culture.
       | 
       | A single settlement which does not establish precedent does not
       | solve anything. A tokenistic $3k allows anti-AI authors to wave a
       | cheque in the air and declare a victory. It pays the rent for a
       | month or two. It does nothing for the months after that, when the
       | corporation is still profiting. It does nothing to establish
       | precedent for future artists, who also have to pay rent.
       | 
       | It would be (non-trivial, but) relatively simple to integrate -
       | for example - download figures from Anna's Archive into the PLR.
       | I'd happily dilute my PLR payment appropriately, because I think
       | libraries are important.
       | 
       | You can't stop people pirating digitally replicable things.
       | Digital ownership is not a concept that has held, or will hold.
       | 
       | There are only 23,000 authors in the UK who claim the cash from
       | the PLR. To pay all those authors the national living wage in the
       | UK (PS26k) from the PLR, you would need to raise PS546 million.
       | That is around 1/34 of Anthropic's reported annual revenue.
       | 
       | I'm of course not arguing Anthropic should be solely responsible.
       | But it's very frustrating that all the pieces of the puzzle for
       | actually paying artists in a sustainable and ongoing way now
       | exist, and one of the major obstacles to this - and the idea of a
       | genuinely free, legal, international library, which creates more
       | authors, writing better books, full-time - are legacy rights
       | holders who remain attached to a completely dysfunctional and
       | outdated concept of ownership.
       | 
       | So - unless part of a sustained and reasonable campaign, which
       | understands the futility of (and damage to the medium and its
       | creators caused by) treating digital ownership in the same way as
       | physical ownership - this suit is close to pointless, and
       | arguably actively harmful in the long term.
       | 
       | [1] https://www.bl.uk/services/plr
        
       | shevy-java wrote:
       | One thing I always wondered ...
       | 
       | There used to be libgen. Then it went down. It went semi-back up
       | but ... it is still kind of down.
       | 
       | Those issues kind of coincided with the big greedy mega-
       | corporations leeching off data en masse; Anthropic was not the
       | only one, Facebook is another example here. I always wondered
       | whether the decline in quality, fewer liberated books published,
       | coincided with what the big corporations were doing. Would be
       | great to be able to see any underlying strategy here. Imagine
       | Anthropic, just as a scenario, leeching off of everyone else, and
       | then also sending in their lawyers to try to close down what they
       | leeched off here. I mean the rise of bots kind of coincides with
       | the rise of AI. So why not them also trying to make it harder for
       | the rest of the world to access liberated books.
        
       | sschueller wrote:
       | Where is my check for my 20 years of contributing to reddit?
        
       | petterroea wrote:
       | Settlement would mean it doesn't become legal precedence, right?
       | 
       | This outcome seems to be the best possible for Anthropic. Over
       | 100B$ have been invested in AI so far, venture capital can afford
       | to pay a few billions per big company as a South Park style
       | "Sorry".
       | 
       | Or am I missing something?
        
         | papercrane wrote:
         | > Settlement would mean it doesn't become legal precedence,
         | right?
         | 
         | The summary judgment ruling from 2025 in this case will still
         | be legal precedence, the settlement will mean that there is no
         | trial for damages.
         | 
         | However, since this is a district court ruling it is non-
         | binding on other courts.
        
       | spectre23 wrote:
       | $3000/book for effectively pirating a book is shamefully low.
        
         | visarga wrote:
         | What do you mean pirating? They don't even distribute the
         | originals, LLMs are not for replication, we already have
         | copying and internet for that.
         | 
         | Why would we use a multi-billion parameter model to copy text?
         | If we wanted the originals it would be easier to find them
         | free, pirate or pay, if we use LLMs it is because we want
         | something ELSE.
         | 
         | And caring about content rights in a world with limitless
         | content and scarce attention is a mistake, it was never the
         | content that was scarce in the last 20 years.
        
           | chrisjj wrote:
           | > Why would we use a multi-billion parameter model to copy
           | text?
           | 
           | Because it is free and essy to use? The number of numbers
           | under the hood is irrelevent.
        
           | inigyou wrote:
           | They mean pirating. Why is it suddenly hard to understand
           | when an LLM company is involved?
        
       | tancop wrote:
       | this is not enough. the penalty for training ai without
       | permission should be releasing the model as public domain. if you
       | take from everyone you have to give back the same way.
        
       | larodi wrote:
       | So it goes like this: I first you take, then money you make and
       | eventually you repay. This is a very smart loan from society
       | indeed. And seems to be the new normal...
       | 
       | Even though Anthropic is my daily driver I'm done respecting any
       | sort of copyright. I'm okay paying for subscription for a service
       | delivery but never ever again will I believe in copyright or any
       | other utterly non-enforceable similar concept.
        
       | pjio wrote:
       | This is insufficient for the human authors but seems ideal for
       | Anthropic, who now have established a financial moat for others
       | to train their ai on those works (except for Chinese companies,
       | which don't care either way).
        
       | surfingdino wrote:
       | The correct way to do it would be to force Anthropic to remove
       | content and the results of training based on that content from
       | their models at copyright holder's request.
        
       | throw1234567891 wrote:
       | Now it's time to mount such cases everywhere in the world.
        
       | hyperbole wrote:
       | The fact that pirated books en-mass were used to train LLMs is
       | legally irrelevant, oh do tell - why is that? The whole point of
       | an LLM is to train a neural network based on content - without
       | the content the net is entirely noise. Anthropic/OpenAI, etc. do
       | not exist without training data. Its akin to taking millions of
       | courses online that are intended to be paid for, but never
       | paying.
        
       | lukewarm707 wrote:
       | $1.5bn? it's a steal!
        
       | thiht wrote:
       | Honestly maybe (and just maybe) waiving copyrights on all the
       | written content that ever existed to create training data would
       | be a good thing to do, laws are made up so we can decide it's a
       | good trade off as a society. But:
       | 
       | 1. I feel like this should be discussed globally, there should be
       | a public debate, a vote, and guardrails
       | 
       | 2. It should not be in the hands of private companies, it should
       | either be done by the government and made available to the public
       | ; or if it's done by private companies they should be mandated to
       | give the training data to the government so it's available to the
       | public.
       | 
       | My point is we can decide to say it's ok because LLMs are too
       | important strategically. But if we do so it should benefit the
       | public, not 5 mega corporations, training data should be
       | considered as public infrastructure, like roads, rails, or the
       | electricity grid. Societies are failing and this is just one more
       | nail in the coffin.
        
       | chrisaiv wrote:
       | In many ways this adds to Anthropic's motivation to IPO.
       | 
       | This deal is built around Anthropic surviving. The $1.5B comes in
       | installments, and counsel's fees are paid in step with those
       | installments.
       | 
       | The class is now effectively Anthropic's creditor, with a direct
       | financial interest in the company staying solvent through the
       | payment schedule.
       | 
       | Civil suits compensate and the one outcome guaranteed to leave
       | authors worse off was a verdict big enough to kill the payer.
        
       | pietmichal wrote:
       | So just a speeding ticket...
        
       | lvl155 wrote:
       | So they used pirated materials to train their models but others
       | can't use their models for training even if you pay.
        
       | jiaosdjf wrote:
       | Single greatest transfer of intellectual property in history.
       | 
       | I don't think royalties or settlements are really the point here.
       | AI must be a net benefit to humanity, or we burn everything to
       | the ground, it's that simple.
       | 
       | The next few decades of AI need to lift everyone up, it needs to
       | eliminate the most degrading and dangerous jobs while providing
       | abundance. There is simply no point to robots if they don't serve
       | us and make everything cheaper and more accessible to us.
       | 
       | We are watching Wall Street. The Devon's and Luigi's of the world
       | are not interested in your settlement figure or what this means
       | to shareholders. Humanity needs to be aware that it either keeps
       | parasites at bay or the parasites are going to build a robot and
       | surveillance army. It is literally us or them.
       | 
       | I'm not anti-AI, I am not scared of AI going rogue, I simply
       | recognise that these people cannot be trusted, they do not care
       | about your rules, there is no "regulating" it, the only thing
       | that can scare them is a million people holding pitchforks
       | outside their building.
        
       | panny wrote:
       | $1.5 billion at 150,000 per copyright violation according to DMCA
       | and such. About 10,000 books.
       | 
       | >$3000 per book
       | 
       | Ohhhh, yeah, big copyright fines only apply to us little guys,
       | not the "asshole tech" companies.
        
       | hmokiguess wrote:
       | I'm curious to see how Suno and the Record Labels is gonna play
       | out
        
       | reactordev wrote:
       | $1.5B for a company that is valued at $1T+...
        
       | basilgohar wrote:
       | Is anyone else having mixed feelings about AI companies' special-
       | casing themselves being a potentially new avenue to review
       | copyright and IP law in the first place? Am I naive for being
       | hopeful that IP law may become a little more lax now that AI
       | companies are opening a front for potential reevaluation?
       | 
       | Edited for slight typo.
        
       | fooker wrote:
       | IMO this ruling will be the inflection point that kills either
       | the book publishing industry or the US big model frontier lab
       | industry.
       | 
       | It's trendy to say it'll be the later, but I see a credible case
       | for the former.
       | 
       | I see no reason to pay for a textbook in 2026, while I'm happy to
       | pay an expensive monthly subscription for a coding agent.
       | 
       | (And before someone accuses me of being anti education or
       | anything, bona fide scientist with a PhD here and I have written
       | book chapters for a couple of popular textbooks).
        
       | Dkuku wrote:
       | It would be fair use if the model in not used. But it is using
       | this compsessed knowledge and make a competition to the original
       | product-authors should be compensated.
        
       | kmeisthax wrote:
       | I'm glad to see Anthropic's nose bloodied but I'm still very
       | worried about the ruling in this case as I can already see the
       | wheels turning as a way to limit fair use.
       | 
       | For context, the ruling is basically, "AI training is fair use
       | but building a library of pirated books to train on is not". This
       | is obviously because Judge Alsup does not want to put AI under a
       | de-facto ban, but he wants AI companies to have to care about
       | copyright... which in my opinion is self-contradictory, but let's
       | go along with the (paraconsistent) logic.
       | 
       | If we insist that every prior act up to a fair use must be
       | lawful, then this means that fair use is not a right, but a
       | privilege that is purchased alongside the work itself. This opens
       | the door to Oracle-level shenanigans: so long as every legal
       | avenue to watch a work is encumbered by, say, a DeWitt clause[0],
       | you cannot legally review the work. There are actually copyright
       | cases hinging on this: Triller Fight Club sued H3H3 for reviewing
       | a pirated stream of a Logan Paul fight that lasted 40 seconds and
       | lost, for obvious reasons. This case smells like an accidental
       | overturning of this.
       | 
       | Would I rather live in a world where robots[1] aren't allowed to
       | read copyrighted books, or a world where copyright owners have
       | veto rights over any and all critical commentary of their work? I
       | would happily choose the former every time.
       | 
       | [0] A contractual clause that prohibits the recipient of a work
       | from reviewing it without written permission of the owner.
       | 
       | [1] Mind uploads inclusive
        
       | WillAdams wrote:
       | A good example of the problem with this settlement:
       | 
       | >It appears that LLMs have already incorporated APOSD EDIT: The
       | text of the book _A Philosophy of Software Design_ ENDEDIT (which
       | would seem to be illegal, since it is copyrighted). For example,
       | I have asked ChatGPT questions about APOSD and it seems to be
       | able to answer.
       | 
       | https://groups.google.com/g/software-design-book/c/_wl1DciZZ...
        
         | raverbashing wrote:
         | I don't see:
         | 
         | - what's APOSD
         | 
         | - "it's illegal since it's copyrighted" makes no sense to me
         | 
         | - The settlement should be exactly to cover their licenses for
         | training
        
           | WillAdams wrote:
           | Edited to clarify APOSD == the book _A Philosophy of Software
           | Design_
           | 
           | Please ask John Ousterhout what his cut of this settlement
           | will be, and whether or no he agreed to it and finds it
           | acceptable.
        
             | raverbashing wrote:
             | Yeah ask him how much he gets paid for one copy of the
             | book, I assure you it's not much
             | 
             | If he's not getting a cut of this settlement then that's
             | between him and his publisher.
        
       | docmars wrote:
       | This does absolutely nothing to compensate the authors whose
       | content was stolen by AI companies.
        
       | m0llusk wrote:
       | LLMs improve development speed such that enshittification can be
       | in progress well before the IPO.
        
       | tripleee wrote:
       | Now view this in contrast with what happened to Aaron Swartz
       | 
       | > According to state and federal authorities, Swartz used JSTOR,
       | a digital repository,[79] to download a large number[note 2] of
       | academic journal articles through MIT's computer network over the
       | course of a few weeks
       | 
       | > ...federal prosecutors filed a superseding indictment adding
       | nine more felony counts, increasing Swartz's maximum criminal
       | exposure to 50 years of imprisonment
       | 
       | > ...On the evening of January 11, 2013, Swartz's girlfriend,
       | Stinebrickner-Kauffman, found him dead in his Brooklyn
       | apartment.[80][116][117] A spokesperson for New York's Medical
       | Examiner reported that he had hanged himself
        
       | radu_floricica wrote:
       | What this does is make it harder for new AI companies to train
       | from scratch.
       | 
       | Anthropic should take it from its marketing/strategic budget. It
       | just bought itself a 1.5B moat at exactly the time it can afford
       | it.
        
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