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I think all OpenAI needs to do is scan physical newspapers and OCR them. No ToS to agree to, and no ToS on print editions.

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ignorance of copyright law won't save you here. i can't legally torrent a copywrited music file just because "no tos to agree to" when i listen to it.

There is no copyright involved in training a model. No precedent at least. Only online ToS/API restrictions exist for scraping content. The DMCA issues exist entirely on the (re)distribution side of coyright material. So seeding in a torrent swarm = redistribution. If you download some copyright material somehow and don't share it with anyone, there is no caselaw that says anything about it.

the NYT certainly seems to think there's a copyright issue - namely, their copyrighted work being directly used to create a potential competitor.

> If you download some copyright material somehow and don't share it with anyone, there is no caselaw that says anything about it.

this is still a violation of the law. you cannot download copyrighted material against the terms of the copyright holder (like downloading a movie or album).

RIAA kept running into this problem which is why it only sent the lawyers after people they could confirm seeded.

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