I think that the argument that Meta is not actually producing a competitive product and that the genAI model is highly transformative is a very strong one. This distinguishes the case from the Westlaw decision in which summaries were used to train a model to produce a competitive product. Whilst this decision may clarify some aspects of the law in the United States, the situation in Europe - which does not know the "fair use" doctrine - will be very different.
fingers crossed!
I think that the argument that Meta is not actually producing a competitive product and that the genAI model is highly transformative is a very strong one. This distinguishes the case from the Westlaw decision in which summaries were used to train a model to produce a competitive product. Whilst this decision may clarify some aspects of the law in the United States, the situation in Europe - which does not know the "fair use" doctrine - will be very different.
The Meta case is worsened by Meta’s refusal to allow people on Facebook to opt out of data scraping.
An easy way to recompense creators would be to give money to the collecting societies to redistribute but not sure if these exist in the US?
There are collection societies in the US and indeed this is one possible way of moving forward
I’ve long thought that something along the lines of ASCAP or BMI - for musicians - would be perfect.