Correct, the above posted ignored the four prongs of fair use:
1. Is the work more educational or commercial.
2. What is the nature of the underlying work (creative works are more protected).
3. Is the work transformative.
4. What will be the impact on the underlying work's market.
Search engines do not make their internal copies available, compete in an entirely different market (that benefits the makers of the underlying works) and are considered quite transformative because they enable discovering vast information on the internet.
On the other hand, almost zero LLMs/Text-to-Image generators are educational in nature (certainly none of the ones being sued for copyright infringement). They frequently are trained on highly creative works like art and writing. Some of the work could be transformative, depending on where the learned data manifold the output of your request lies on, but a huge amount is similar to the training data. Lastly, these models have an outsized negative impact on the underlying markets, by being vastly cheaper compared to a human's labor, and for dubious quality at that.
What is that replying to? I was addressing the argument that "well, you stored the work in memory, therefore you infringed copyright". It seems like you agree that that jump doesn't follow, just as I argued?
1. Is the work more educational or commercial.
2. What is the nature of the underlying work (creative works are more protected).
3. Is the work transformative.
4. What will be the impact on the underlying work's market.
Search engines do not make their internal copies available, compete in an entirely different market (that benefits the makers of the underlying works) and are considered quite transformative because they enable discovering vast information on the internet.
On the other hand, almost zero LLMs/Text-to-Image generators are educational in nature (certainly none of the ones being sued for copyright infringement). They frequently are trained on highly creative works like art and writing. Some of the work could be transformative, depending on where the learned data manifold the output of your request lies on, but a huge amount is similar to the training data. Lastly, these models have an outsized negative impact on the underlying markets, by being vastly cheaper compared to a human's labor, and for dubious quality at that.