Training copies used for specific LLMs were deemed fair use, favoring all but the nature of the copyrighted work. The technology represents significant transformation. Digital versions of purchased library copies were also justified under fair use due to strong support from various factors. In contrast, pirated copies for a central library do not qualify as fair use, with all factors indicating against it. Anthropic’s retention of these pirated copies raises further legal concerns, as separate justifications are lacking for their continued use.
The copies used to train specific LLMs were justified as fair use. Every factor but the nature of the copyrighted work favors this result. The technology at issue was among the most transformative many of us will see in our lifetimes.
The downloaded pirated copies used to build a central library were not justified by fair use. Every factor points against fair use. Anthropic employees said copies of works (pirated ones, too) would be retained 'forever' for 'general purpose', even after Anthropic determined they would never be used for training LLMs.
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