[HN Gopher] AI and Copyright: Expanding Copyright Hurts Everyone...
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       AI and Copyright: Expanding Copyright Hurts Everyone-Here's What to
       Do Instead
        
       Author : mooreds
       Score  : 17 points
       Date   : 2025-11-04 21:19 UTC (1 hours ago)
        
 (HTM) web link (www.eff.org)
 (TXT) w3m dump (www.eff.org)
        
       | mwkaufma wrote:
       | "Here's What to Do Instead" misleading title, no alternatives
       | suggested. Just hand-wavey GenAI agitprop.
        
         | rapjr9 wrote:
         | These are their alternatives:
         | 
         | What neither Big Tech nor Big Media will say is that stronger
         | antitrust rules and enforcement would be a much better
         | solution. What's more, looking beyond copyright future-proofs
         | the protections. Stronger environmental protections,
         | comprehensive privacy laws, worker protections, and media
         | literacy will create an ecosystem where we will have defenses
         | against any new technology that might cause harm in those
         | areas, not just generative AI.
        
           | bgwalter wrote:
           | None of their alternatives will work or solve the problems
           | that creatives face or the problem that people cannot think
           | for themselves any longer (as seen by the downvoting in this
           | submission).
        
       | freejazz wrote:
       | How do they get to the conclusion that AI uses are protected
       | under the fair use doctrine and anything otherwise would be an
       | "expansion" of copyright? Fairly telling IMO
        
         | zrm wrote:
         | AI training and the thing search engines do to make a search
         | index are essentially the same thing. Hasn't the latter
         | generally been regarded as fair use, or else how do search
         | engines exist?
        
           | Kye wrote:
           | There was a relatively tiny but otherwise identical uproar
           | over Google even before they added infoboxes that reduced the
           | number of people who clicked through.
        
       | free_bip wrote:
       | One of the few times I vehemently disagree with the EFF.
       | 
       | The problem is this article seems to make absolutely no effort to
       | differentiate legitimate uses of GenAI (things like scientific
       | and medical research) from the completely illegitimate uses of
       | GenAI (things like stealing the work of every single artist,
       | living and dead, for the sole purpose of making a profit)
       | 
       | One of those is fair use. The other is clearly not.
        
         | Calavar wrote:
         | What happens when a researcher makes a generative art model and
         | publicly releases the weights? Anyone can download the weights
         | and use it to turn a quick profit.
         | 
         | Should the original research use be considered legitimate fair
         | use? Does the legitimacy get 'poisoned' along the way when a
         | third party uses the same model for profit?
         | 
         | Is there any difference between a mom-and-pop restaurant who
         | uses the model to make a design for their menu versus a multi-
         | billion dollar corp that's planning on laying off all their in
         | house graphic designers? If so, where in between those two
         | extremes should the line be drawn?
        
       | bgwalter wrote:
       | EFF is bought and paid for. Not once does this piece mention that
       | "AI" and humans are different and that a digital combine
       | harvester mowing down and ingesting the commons does not need the
       | same rights as a human.
       | 
       | It is not fair use when the entire output is made of chopped up
       | quotes from all of humanity. It is not fair use when only a
       | couple of oligarchs have the money and grifting ability to build
       | the required data centers.
       | 
       | This is a another in the long lists of institutions that have
       | been subverted. ACLU and OSI are other examples.
        
         | OkayPhysicist wrote:
         | What definition of "sufficiently transformative" doesn't
         | include "a book about wizards" by some process being used to
         | make "a machine that spits out text"? A magazine publisher has
         | a more legitimate claim against the person making a ransom
         | letter: at least the fonts are copied verbatim.
         | 
         | There are legitimate arguments to be made about whether or not
         | AI training should be allowed, but it should take the form of
         | new legislation, not wild reinterpretations of copyright law.
         | Copyright law is already overreaching, just imagine how
         | goddawful companies could be if they're given more power to
         | screw you for ever having interacted with their "creative
         | works".
        
           | bgwalter wrote:
           | We did have that. In some EU countries, during the cassette
           | tape and Sony Walkman era, private individuals were allowed
           | to make around 5 copies for friends _from a legitimate
           | source_.
           | 
           | Companies were not allowed to make 5 trillion copies.
        
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       (page generated 2025-11-04 23:01 UTC)