From The New Publishing Standard:
Law suits against AI companies abound, and no question there are some valid issues that need settling in court, but already it’s beginning to feel like lawyers are just throwing spaghetti at the wall and hoping some strands stick.
Is this really what the publishing industry wants or needs?
Over at Publishers Weekly this week, Andrew Albanese summarises two on-going law suits against the alleged AI copyright thieves, and in both cases a judge has thrown out parts of the claims because they have no merit.
While the judge in one case has left the door open for revised claims – perhaps a nod to the fact that the law as stands was never written with AI in mind – the quick dismissal of some of the claims is a severe blow to the many in the AI Resistance camp who are citing as fact allegations of copyright theft, despite, as Albanese notes, many lawyers stating well in advance that the claims were not well-grounded in law.
From PW back in July:
“Multiple copyright lawyers told PW on background that the claims likely face an uphill battle in court. Even if the suits get past the threshold issues associated with the alleged copying at issue and how AI training actually works—which is no sure thing—lawyers say there is ample case law to suggest fair use.”
PW offers several examples of why, that in the interests of the fair use clause I’ll leave to you to click through and read, and instead conclude the summary of that PW article with this quote:
“ ‘I just don’t see how these cases have legs,’ one copyright lawyer bluntly told PW. ‘Look, I get it. Somebody has to make a test case. Otherwise there’s nothing but blogging and opinion pieces and stance-taking by proponents on either side. But I just think there’s too much established case law to support this kind of transformative use as a fair use.’ “
The July lawsuit came under scrutiny from TNPS at the time.
. . . .
“The proposed class action suit before Chhabria was filed on July 7 by the Joseph Saveri Law Firm on behalf of authors Christopher Golden, Richard Kadrey, and comedian Sarah Silverman, just days after the Saveri firm filed a similar suit on behalf of authors against Open AI, with authors Paul Tremblay and Mona Awad as named plaintiffs.”
. . . .
In each case the law suits make the spurious claim that AI is generating writing in the style of an author or providing in-depth analysis of a published book, and that it does so by illegally copying an original work for its “training.”
For anyone who isn’t irrationally opposed to the very concept of AI and therefore clutching at any straw to attack it, the idea that it is a crime for an author to write in the style of another is as laughable as the idea that an author who learned their trade by reading other authors’ books has committed a crime.
What next? A lawsuit claiming an author has no spelling mistakes so they must have plagiarised a dictionary?
Link to the rest at The New Publishing Standard