A group of authors filed a lawsuit against Meta, alleging the unlawful use of copyrighted material in developing its Llama 1 and Llama 2 large language models....
If Meta win this lawsuit, does it mean I can download some open source AI and claim that “These million 4k Blu-ray ISOs I torrented was just used to train my AI model”?
Heck, if how you use the downloaded stuff is a factor, I can claim that I just torrented those files and never looked at them. It is more believable than Meta’s argument too, because, as a human, I do not have enough time to consume a million movies in my lifetime (probably, didn’t do the math) unlike AIs.
But who am I kidding, I fully expect to be sued to hell and back if I were actually to do that.
You can be sued in any court for copyright infringement, but the US is generally unique in that punitive damages can be awarded - ie the rightsholder can be awarded more than the damage they actually suffered. In other, more reasonable jurisdictions, only actual damages are awarded. Thus it is not worthwhile to prosecute in those jurisdictions, because the damages are less than the cost of prosecution.
On top of this, I believe copyright is one of the rare exceptions in the US where legal costs of the plaintiff are paid by the losing defendent. Given that the plaintiff in copyright has so much money, they can afford to front the cost of the most expensive lawyers, further penalising their target. Other jurisdictions generally award costs to the winner by default (both ways), rather than only in specific exceptions, but they also limit those costs much more reasonably.
I think you can be sued in the civil court for anything if someone has the time and money and can convince a lawyer to take up a case against you. For copyright infringment, you can also be criminally prosecuted in some cases.
If Meta win this lawsuit, does it mean I can download some open source AI and claim that “These million 4k Blu-ray ISOs I torrented was just used to train my AI model”?
Heck, if how you use the downloaded stuff is a factor, I can claim that I just torrented those files and never looked at them. It is more believable than Meta’s argument too, because, as a human, I do not have enough time to consume a million movies in my lifetime (probably, didn’t do the math) unlike AIs.
But who am I kidding, I fully expect to be sued to hell and back if I were actually to do that.
You can be actually be sued for piracy? Is this mostly in the United States?
You can be sued in any court for copyright infringement, but the US is generally unique in that punitive damages can be awarded - ie the rightsholder can be awarded more than the damage they actually suffered. In other, more reasonable jurisdictions, only actual damages are awarded. Thus it is not worthwhile to prosecute in those jurisdictions, because the damages are less than the cost of prosecution.
On top of this, I believe copyright is one of the rare exceptions in the US where legal costs of the plaintiff are paid by the losing defendent. Given that the plaintiff in copyright has so much money, they can afford to front the cost of the most expensive lawyers, further penalising their target. Other jurisdictions generally award costs to the winner by default (both ways), rather than only in specific exceptions, but they also limit those costs much more reasonably.
I think you can be sued in the civil court for anything if someone has the time and money and can convince a lawyer to take up a case against you. For copyright infringment, you can also be criminally prosecuted in some cases.
If you could survive discovery and defend any other uses evident on your home devices…
But why does that strike me as really unlikely?