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This is so stupid. Going after likeness is doomed to fail against constantly mutating enemies like booming tech companies with infinite resources. And likeness itself isn’t even that big of a deal, and even if you win it’s such a minor case-by-case event that puts an enormous burden of proof on the victims to even get started. If the narrative centers around likeness, they’ve already won.

The main issue, as I see it, is that they took copyrighted material and made new commercial products without compensating (let alone acquiring permission from) the rights holders, ie their suppliers. Specifically, they sneaked a fair use sticker on mass AI training, with neither precedent nor a ruling anywhere. Fair use originates in times before there were even computers. (Imo it’s as outrageous as applying a free-mushroom-picking-on-non-cultivated-land law to justify industrial scale farming on private land.) That’s what should be challenged.




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