Maybe I can bring up a new angle here! Since Fair Use is an affirmative defense, the proof of absence of market harm falls onto the defendants.
@alexjc
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AI Ethics and Software: A 40-Year Delay Pattern
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You heard me say "AI Ethics is just software Ethics 40 years too late." "AI is just software 40 years too late!"
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Software Component Requires Statistics and Rules, Not Modern AI
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Yes, a software component is necessary but not AI in the modern sense. Basic statistics, basic rule-based system.
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ChatGPT’s Cost Reduction vs Traditional Automated Reply Systems
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It's not really new though, there have been semi-automated reply bots staffed by workers in third-world sweatshops for many years already. What does ChatGPT bring to the table except lower costs?
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Licensing potential in datasets with minimal collection efforts
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You're joking, but there's already 30M to 50M records with licenses (including Creative Commons) and they weren't seriously trying to collect license information. If they actually tried, they'd probably get to 10% 25% or more…
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AI Data Scraping: Programmers Must Track Sources and Copyrights
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You're looking for complexity where there is none. "AI" does not go out in the wild to scrape data, programmers implement code that does it, and thus can & should track the source and copyrights. If there is no clear & usable copyright information, then the code drops it…
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Fair Use Should Be Limited to Individuals and Non-Profit Organizations
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If Fair Use was limited to individual humans and/or strictly non-profit initiatives, I think much of the copyright debate would vanish immediately. No machines. No corporations. You have to wonder who benefits from the lack of clarity; it's been years in the making…
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Internal Copies and Copyright Implications in Compression and Databases
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You missed the link by @ninjadodo above then. There are indeed copies stored internally (arguably due to design flaws). It's quite like a compression algorithm, which also fall under copyright. Further, lossy databases are also regulated as databases.
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Google Image Search loses Getty Images copyright lawsuit settlement
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Google Image Search lost its lawsuit against Getty Images on copyright, and had to settle. I presume they did so to avoid setting a precedent with their defeat. There are now very strict conditions to follow in those cases… it's well regulated.
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What Makes ChatGPT Different: Viral Adoption Over Benchmarks
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It's what makes ChatGPT different that should be the focus, because it became viral and more widely used, people claimed it'd replace search engines! The original GPTs had nowhere near this buzz, despite the benchmarks/metrics/reasoning.