Most LLMs were trained on vast troves of pirated copyrighted material. Folks point this out, but they don't ever talk about what the alternative was. The content industries, like music, movies, and books, have done nothing to research or make their works available for analysis and innovation, and have in fact fought industries that seek to do so tooth and nail.
Further, they use the narrative that people that pirate works are stealing from the artists, where the vast majority of money that a customer pays for a piece of copyrighted content goes to the publishing industry. This is essentially the definition of rent seeking.
Those industries essentially tried to stop innovation entirely, and they tried to use the law to do that (and still do). So, other companies innovated over the copyright holder's objections, and now we have to sort it out in the courts.
The authors have been abused by the publishing industry for many decades. I think they're just caught in the middle, because they were never going to get a payday, whether from AI or selling books. I think the percentage of authors that are commercially successful is sub 1%.
We have laws and rules, but those are intended to work for society. When they fail to do so, society routes around them. Copyright in particular has been getting steadily weaker in practice since the advent of the Internet, because the mechanisms it uses to extract value are increasingly impractical since they are rooted in the idea of printed media.
Copyright is fundamentally broken for the modern world, and this is just a symptom of that.
I think they try to expand copyright from "protected expression" to "protected patterns and abstractions", or in other words "infringement without substantial similarity". Otherwise why would they sue AI companies? It makes no sense:
1. If I wanted a specific author, I would get the original works, it is easy. Even if I am cheap it is still much easier to pirate than use generative models. In fact AI is the worst infringement tool ever invented - it almost never reproduces faithfully, it is slow and expensive to use. Much more expensive than copying which is free, instant and makes perfect replicas.
2. If I wanted AI, it means I did not want the original, I wanted something Else. So why sue people who don't want the originals? The only reason to use AI is when you want to steer the process to generate something personalized. It is not to replace the original authors, if that is what I needed no amount of AI would be able to compare to the originals. If you look carefully almost all AI outputs get published in closed chat rooms, with a small fraction being shared online, and even then not in the same venues as the original authors. So the market substitution logic is flimsy.
Nothing in the ruling says it is legal to start outputting and selling content based off the results of that training process.
Nothing says it's illegal, either. If anything the courts are leaning towards it being legal, assuming it's not trained on pirated materials.
>A federal judge dealt the case a mixed ruling in June, finding that training AI chatbots on copyrighted books wasn't illegal but that Anthropic wrongfully acquired millions of books through pirate websites.
https://www.npr.org/2025/09/05/g-s1-87367/anthropic-authors-...
Your second paragraph is not what I'm discussing right now, and was not ruled on in the case you're referring to. I fully expect that, generally speaking, infringement will be on the users of the AI, rather than the models themselves, when it all gets sorted out.
That LLMs would be as expensively priced as they really are on society and energy costs? A lot of things are possible, whether they are economically feasible is determined by giving them a price. When that price doesn't reflect the real costs, society starts to wast work on weird things, like building large AI centers, because of a financial bubble. And yes putting people out of business does come with a cost.
"Innovation" is not an end goal.
I run my AI models locally, paying for the hardware and electricity myself, precisely to ensure the unit economics of the majority of my usage are something I can personallly support. I do use hosted models regularly, though not often these days, which is why I say "the majority of my usage".
In terms of the concerns you express, I'm simply not worried. Time will sort it out naturally.
So you assign zero value to the process of creation?
Zero value to the process of production?
So people who write and produce books, shows and films should all do what? Give up their craft?
Process of creation itself is gratifying and valuable to those who will pursue it. No reason to additionally reward it.
Lamp lighters had to give up their craft I suppose and made way to a better world.
spoken like someone who has never made anything in the real world
Holding a boom mic in the air is not gratifying and valuable to anyone who has to do it.
The fruits of your labour are not your labour.
You mean like, murder ?
And the VC ecosystem and valuations are built around this assumption.
There’s nothing law breaking about quoting publicly available information. Google isn’t breaking the law when it displays previews of indexed content returned by the search algorithm, and that’s clearly the approach being taken here.
Pirating material is a violation of copyright, which some labs have done, but that has nothing to do with training AI and everything to do with piracy.
Why wouldn’t training be illegal? It’s illegal for me to acquire and watch movies or listen to songs without paying for them*. If consuming copyrighted material isn’t fair use, then it doesn’t make sense that AI training would be fair use.
* I hope it’s obvious but I feel compelled to qualify that, of course, I’m talking about downloading (for example torrenting) media, and not about borrowing from the library or being gifted a DVD, CD, book or whatever, and not listening/watching one time with friends. People have been successfully prosecuted for consuming copyrighted material, and that’s what I’m referring to.
> When building its tool, Ross sought to license Westlaw’s content as training data for its AI search engine. As the two are competitors, Thomson Reuters refused. Instead, Ross hired a third party, LegalEase, to provide training data in the form of “Bulk Memos,” which were created using Westlaw headnotes. Thomson Reuters’s suit followed, alleging that Ross had infringed upon its copyrighted Westlaw headnotes by using them to train the AI tool.
The court decision this thread is about holds that it is, on the grounds that the training data was copied to the LLM's memory.
'Would this product have the same value without the copyrighted works?'
If yes then it's not derivative. If no then it is.
the code models should also be banned, and all output they've generated subject to copyright infringement lawsuits
the sloppers (OpenAI, etc) may get away with it in the US, but the developed world has far more stringent copyright laws
and the countries that have massive industries based on copyright aren't about to let them evaporate for the benefit of a handful of US tech-bros
because other than public domain they all require at least displaying the license, which "AI" ignores