All the big generative AI models from every company are tried on huge swaths of data that are scraped from the entire internet. And big media companies, like The New York Times and Getty Images, have filed lawsuits against those AI companies, saying, basically, that the AI companies are stealing their work and profiting from it - claims that amount to straightforward copyright infringement.
But the legal system is not deterministic or predictable. Any court gets to run that test any way they want, and one court's fair use determination isn't actually precedent for the next court. That means fair use is a very vibes-based situation, and it's anyone's guess how a lot of cases could turn out.
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