Re: Fair Use? I Think Not
Playing Devil's Advocate]1]
> then all of it's outputs are "by definition" derived directly from it's inputs. If those inputs are covered by copyrights, then the outputs are derivative of those copyrighted works.
Which is a simplistic statement and, as given, is also true for every one of the "fair use" exemptions - satire, critical review etc.
Although, even this sentence is dubious:
> If the premise is that the LLM, only being a computer program, does not have the "spark of creativity" that would be attributed to a human
Not sure that "spark of creativity" has a legal meaning?
Anyway, are you going to apply it to human created works that were made by, say, rolling dice or just letting a few buckets of paint swing on a rope? Or are digital computers morally distinct from analogue computers?
Having said that, the filtering is rather clumsy: the "orphaned wizard boy" is a far older trope than Harry Potter (no-one pretends otherwise) and I feel their filtering more demonstrates that they have no decent ideas about getting their AI to do something interesting ('cos they are not really AI mavens, merely owners of big buckets).
And the "netflux" logo example is showing decent Fair Use, btw. So in that case, it was all working ok.
[1] or am I? And would it make a difference?