Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues
torrentfreak.com/uploading-pirated-books-via-bi…
To help train AI models, Meta and other tech companies have downloaded and shared pirated books via BitTorrent from Anna’s Archive and other shadow libraries. In an ongoing lawsuit, Meta now argues that uploading pirated books to strangers via BitTorrent qualifies as fair use. The company also stresses that the data helped establish U.S. global leadership in AI.
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Oh I guess those guys from the Pirate Bay are in the clear and we can undo their prison sentences then!
Copyright should be a much shorter, more reasonable length, and then this whole issue would be a moot point because there would more than enough in the public domain for the corporations to train their AI while also not restricting access to individuals and open source projects to do the same.
The real issue at hand is that corporations like Facebook have literally billions at their disposal to fight this in court. The Pirate Bay admins did not, despite being charged with profiting wildly off their media sharing site. Facebook has arguably made so much more off of their AI offerings than the admins of the tiny Pirate Bay team could have dreamed of. For fucks sake Peter Sunde’s username was “brokep” which I always assumed stood for “Broke Peter” as in “Peter has no money.”
We have yet to see if the courts in the USA will make this a hypocritical outcome where small players like the Pirate Bay who legitimately did not make that much money went to prison, Aaron Schwartz was threatened with life in prison and committed suicide, but somehow it will be okay for giant corporations to do because they made so much money doing it. It’s definitely possible, America feels like a country where as long as you do the crime big enough, it stops being treated as a crime and instead people pat you on the back and reward for criming so hard you broke the justice system and instead it just gets labeled “good business sense.”
I don’t unterstand why copyright would last longer than the lifetime of the authors who were part of the creative process. It doesn’t make sense that it can be transferred like it is
Because Disney lobbied for the time to be raised again and again
Hell, let’s compromise and say 20 years after the author’s death. In case they have a small child at the time of death and said child’s other parent isn’t capable of the kid’s upkeep, a little extra would help.
But what is it right now? 70 years? Literally no excuse for that.
Why do they last more than a year?
Why do they exist at all?
I understand them lasting for a certain time so the authors can get a compensation for what they have worked for. Of course people are allowed to quote things and use the content in a transformative way like in the German urheberrechts laws.
Without royalties or copyright it’s difficult to earn enough money for living as an artist. If there was proper support and compensation for artists there would be no reason for copyright law.
imo copyright should be like patents. 20 years after the copyright was filed, it becomes public domain.
that’s the compromise at least, ideally copyright should not exist at all
So pirating anything has become “fair use”? Or does that work only for billionaire public-market companies?
When they can argue its for “transformative use” or whatever the magic words are? Thats technically fair use in US law.
Critique, parody, and even collage-as-art are all explicit carveouts for fair use. Remixing and remuxing artists, being broke, cannot afford the lawyers to effectively apply this, so they pay off the “owners” of that existing IP.
The AI bros might have a serious point within the law, and that should scare actual artists. It should also scare studios like Disney that hold a fuck ton of “intellectual property”.
Using it to train an AI? Takes meeting that “transformational” requirement for fair use to newly undisputed heights, so long as safeguards are in place to remove the possibility to use it as a vector for direct replication.
When they can argue its for “transformative use” or whatever the magic words are? Thats technically fair use in US law.
Well, considering they transformed its use to about 250GB of weights, that would qualify. That’s at least thousands of times less than the size of the books they downloaded, so you can’t really claim “they downloaded the books and put it into the model unaltered”.
It’s not like you can ask one of the models for page 156 of the second Harry Potter book, unless it’s cheating and attached to a search engine to try to find the result. There is no compression technique that can take something to a thousandth of its size without an substantial loss. You can, however, ask it to summarize what happened in the second Harry Potter book, including what the actual title is, without it trying to look it up on its own.
The AI bros might have a serious point within the law, and that should scare actual artists. It should also scare studios like Disney that hold a fuck ton of “intellectual property”.
Actual artists have been fucked over by copyright since its invention. Copyright, patents, and intellectual rights were created under the false pretense that it “protects the little person”, but these are lies told by the rich and powerful to keep themselves rich and powerful. Time and time again, we have seen how broken the patent system is, how it is impossible to not step on musical copyright, how Mark Twain, Sonny Bono, and Disney has extended copyrights to forever, and how the megacorporations have way more money than everybody else to defend those copyrights and patents. These people are not your friend, and their legal protections are not for you.
If the rich end up dismantling their own IP shield that has existed to enrich themselves for centuries in the name of AI progress, I’m going to call that a win.
If the rich end up dismantling their own IP shield that has existed to enrich themselves for centuries in the name of AI progress, I’m going to call that a win.
It seems to me that the direction where we are going is that it is a win for corporations, but as an individual you are still going to be prosecuted for sharing a Hollywood movie.
It does make sense to me, legally speaking, but I can’t surrender to the fact that Meta is selling a product with this stolen data.
mixed feelings…
so either piracy wins or meta loses?
lol
most likely only ‘rich’ piracy wins
at least this would create quite nice case if someone has to defend oneself in court. Either one can defend oneself with it or its dismissed and it proves that law does not apply to the rich.
Meta also argued that the BitTorrent sharing was a necessity to get the valuable (but pirated) data.
Actually that’s not true, they could have done hit-and-run, not that it helps anything though.
The company also stresses that the data helped establish U.S. global leadership in AI.
Just like the data helps establish much needed universal access to education and entertainment.
But of course, the argument is only relevant when it goes in favor of the rich people.
Huge corps have been getting away with a lot in the name of “AI”. It would be so fucking funny if this is how copyright law finally dies.
I am disappointed nobody has argued that it’s what the Jesus would have wanted.
Not enough bread? Copy paste it. Baker won’t mind because we bought the first copy.
Well, if Facebook can do it and get away with it, everyone can and should, right?
Can we just do away with the concept of intellectual property yet?
Hmmmm, in other cases this would be rated as massive, commercial copyright violation. A heinous crime, for which the IP hoarders would normally demand death sentences for.
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infinitesunrise
Uploading torrents qualifies as fair use? Excited to see where this goes. Lol
They don’t mean it’s fair for you. It’s fair for corporations which need the same rights and privileges as people but obviously can’t be held to account like people because shareholders might make less money.
Worth remembering that any group could make a company. They are work, but not particularly class locked.
An Uber driver is also a corporation.
Technically even with an llc you could still be considered an individual. Don’t put it past them to utilize this for a good fucking over small business.
so we just need an international “data processing” co-op
Yes then they will take out the small company, toss it out as meat to everyone online who cheer as finally some victory over ai was had, and the major players continue fucking us all.
Fair use to train LLMs with. These judges are really some shitty fucking people.
Nowhere, the Zuck has his hand up Trump’s ass.
Which is good for what again?
And is leadership in golfing better?
Uh…because they are gonna cash out, and bro down? The US needs to cash out the most, ‘cuz they wanna bro down like the world has never seen before. I’m citing unnamed officials who are working closely with the coordination of resources for the planned event. It’s gunna be sick.
Will there be boofing with Squee?
the underlying justification is so sickening.
“Breaking the law is OK if it’s profitable”
there is no such thing as “rule of law”
Always was. Only the scale is new.
it was never so balanced open. “Should twitter be banned for breaking CSAM laws?” WHY IS IT A PUBLIC DEBATE, IT SHOULD BE A “DUH!”.
No, Mark hates golf as far as I know. He’s a big fan of BJJ though.
OFC, it’s not pirating if they do it. 🙄
This is so fucked. It’s literally legal for an AI to read pirated books to learn, but humans are not allowed to do this. AIs have more rights than we do already.
I’m so tired of lawyer snakes.
I want copyright to go extinct. It has no place in a proper civilization.
They are saying that seeding is inherently part of torrenting, not that it’s fair use. I mean, at least they weren’t a leech.
My stance is fuck the copyright companies and fuck Meta for everything they do except in this case, because seedings a good thing and so is Anna’s archive.
Seeding is NOT needed for downloading.
To be fair, I did say inherently part of. It would have been rude of them not to seed.
Those bastards stole all our data! But hey, at least they seeded it. Would have been pretty darn rude, otherwise.
It’s not stealing to download media.
We can hate zuckerberg and still not care that they torrented books.
Don’t be a hypocrite just to feel like you got some win.
I hear you, but hear me out… They’re creating products from the consumed torrents, which absolutely contained copyrighted materials. I’m not trying to capitalize my torrents. Although, I did use cracked photoshop back in high school for a $200 job.
And to be completely honest with you, I don’t really care about copyright infringement so much, after it’s become a tool for organizations like Disney or whoever to abuse as they please. But the main body of work torrented here would be corpus’ of text, music, … a lot of stuff that independent producers created and rely on for income.
I found this particular video quite insightful on the impact within the music industry: https://youtu.be/QVXfcIb3OKo
To be fair to Meta, I’d have to say that I don’t really know what models they’re training via that data and how they’re using the resulting products. This is Meta, though, a pioneer and industry leader in the process of surveillance capitalism. I don’t particularly have high expectations for them.
I’m not pro-copyright. I actually steal content, as in pirate it and then watch it. I don’t consider it stealing to do it to train AI on it tbh.
“Our” data implies we collectively own it, yet we don’t, copyright companies for the most part do.
How does Elsevier feel about that???
Let’s wait for a case law then.