What does an LLM application (or training processes associated with an LLM application) have to do with the concept of learning?
No, you’re framing the issue incorrectly.
The law concerns itself with copying. When humans learn, they inevitably copy things. They may memorize portions of copyrighted material, and then retrieve those memories in doing something new with them, or just by recreating it.
If the argument is that the mere act of copying for training an LLM is illegal copying, then what would we say about the use of copyrighted text for teaching children? They will memorize portions of what they read. They will later write some of them down. And if there is a person who memorizes an entire poem (or song) and then writes it down for someone else, that’s actually a copyright violation. But if they memorize that poem or song and reuse it in creating something new and different, but with links and connections to that previous copyrighted work, then that kind of copying and processing is generally allowed.
The judge here is analyzing what exact types of copying are permitted under the law, and for that, the copyright holders’ argument would sweep too broadly and prohibit all sorts of methods that humans use to learn.
No, you’re framing the issue incorrectly.
The law concerns itself with copying. When humans learn, they inevitably copy things. They may memorize portions of copyrighted material, and then retrieve those memories in doing something new with them, or just by recreating it.
If the argument is that the mere act of copying for training an LLM is illegal copying, then what would we say about the use of copyrighted text for teaching children? They will memorize portions of what they read. They will later write some of them down. And if there is a person who memorizes an entire poem (or song) and then writes it down for someone else, that’s actually a copyright violation. But if they memorize that poem or song and reuse it in creating something new and different, but with links and connections to that previous copyrighted work, then that kind of copying and processing is generally allowed.
The judge here is analyzing what exact types of copying are permitted under the law, and for that, the copyright holders’ argument would sweep too broadly and prohibit all sorts of methods that humans use to learn.