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Why is it not fair use for the Chinese models if all they are doing is distilling these fair use models? According to the courts, AI model output is not copyrighted or eligible for copyright.
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Distillation does not violate copyright law.

It violates contractual terms of use.

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Correct. This seems to be poorly understood.

You can use an original work to write an encyclopedia (e.g. Wikipedia). That is fair use.

You cannot copy an original work and distribute it.

LLMs are an encyclopedia.

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