Companies are well within their rights to choose who they sell to. I don't see how this is 'privately enforced copyright'.
Also, copyright has always been privately enforced anyway?
Also, copyright has always been privately enforced anyway?
On the third hand, the settlement Anthropic famously had to pay was for copyright infringement because they didn't actually have the right to even access some of the training data they used, so I can see how this might be compatible with the law.
On the fourth hand, I'm saying that as someone who absolutely isn't a lawyer and sometimes gets surprised when reading about copyright cases that sure sound like they ought to have been trademark cases given my limited understanding.
For those who chose to give it all away, the ship has sailed, but they did choose to give it away for free to anyone so they can't complain that they succeeded.
If buying one copy of a book entitles the ai company to train on that data and redistribute information derived from it in perpetuity, then why shouldn’t a rival ai company be allowed to train on tokens from say OpenAI and redistribute information derived from the OpenAI model also in perpetuity? The rival ai company paid for the tokens, after all.
Enforcement ultimately happens through law and the legal system.
Otherwise, it's just a standard case between two private parties resolved through our legal system; e.g. Linkedin vs Hi5.
This is a gross distortion. Standard contractual rules bind the parties that signed the contract and the remedies are proportional to the damages and bounded. Copyright is tort law, the state binds the world to respect the rights of creators and the damages on infringement are punitive and can far exceed the actual commercial damages - to the point of bankrupting the infringer.
The key to torts is that the state is not neutral, there is a social good here it's protecting. Crucially, copyright, like some other torts - securities, antitrust, environmental, battery - also has a criminal enforcement regime, where, for particularly serious offenses, the state actually invests public resources to put the criminal infringer behind bars with little to no involvement from the original rights holders.
In the particular case of US, there is an entire state apparatus dedicated to enforcing US copyrights, a foreign affairs policy to shutdown "Notorious markets for counterfeiting and piracy" in other countries, international enforcement of DMCA etc.
The idea that a private TOS has the same level of public protection as copyright is downright childish.