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this post was submitted on 19 Jul 2023
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Even if I illegally download a book about carpentry, and learn how to build a doghouse from it, and go into the business of building doghouses, the extent of my liability to the copyright holder does not include my entire doghouse-building revenue.
Even if I subsequently teach other people to build doghouses, if I'm not further copying the actual contents of the book, I am not further liable for copyright infringement.
Copyright is actually pretty narrow, and should not be construed to give authors or publishing companies unbridled control over the ideas or knowledge contained in works.
Yes, but you are liable for damages in having pirated it.
Where did I say anything about being liable for future revenue?
But it's a special level of dumb to build a billion dollar company on material that you pirated and can be confirmed to have possessed and used by your end product.
Suits trend to have multiple claims trying to get the plaintiffs as much compensation as possible. Even if all the crap about training as infringement gets thrown out (as it should), claims OpenAI committed one of the largest copyright infringements in recent history by obtaining and using pirated material in violation of copyright law is likely going to have hefty damages attached if it can be proved (which it will be if it happened).
If you downloaded music from Napster and got caught in the early 2000s, did the MPAA fine you got only the retail price of the song?
If you illegally downloaded a book about carpentry, and get caught, do you think you don't have to pay anything for having illegally downloaded it?
Sure, if someone can show that you did.
Based on my own experimentation, ChatGPT knows facts about the Harry Potter novels, but it does not recite the text of them when asked to do so. Does it contain a pirated copy of them? I can't tell. Maybe it just reads a lot of open-source fanfic off AO3.
I'm starting to realize several people in this thread don't understand how subpoenas work.