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The judge already ruled that it was fair for Anthropic to use books for training if they acquired them legally.
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I dont see the relevance. If Anthropic had bought the book at the store, shredded the spine, scanned the pages and trained on that data instead, there wouldnt have been an issue.

Authors cant simply license away fair use. If it could be dismissed so easily the right wouldn't exist.

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Creating derivative products you charge for surely can't be considered fair use?
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Of course it is. If I write a movie review and sell it to a magazine or whatever, it's derived from the movie, and it's fair use, and I don't need to ask the movie owner for permission first, or give them a cut of my sales. Even if I use some reasonable number of screenshots and video clips, as long as the resulting work is "transformative" i.e. actually a new work, a movie review instead of a copy of the movie.

Do you want this to work any other way? I constantly see people in the AI debate working themselves into wildly copyright maximalist positions. I actually don't think that we should give every author veto power over a book review!

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YouTubers monetize fair use all the time. Is that significantly different?
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Probably few, but irrelevant as the ruling was it was not a derivative work.
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