The whole “humans also do this” isn’t a winning defence here. Humans and copyright has long history and so much law that it is easy to get confused.
The default assumption here seems to be that the system needs to be broken. This is similar to the Google defence. If a user intent is to search for a cracked software what can poor Google do about it? The answer is to make it even more difficult.
This is a defence also used by torrent sites using magnet urls. “We don’t host files” is the default defence. But then if these sites get hit with DMCA they are required to remove the magnet url.
So the article shows what the lawyer is saying. Despite claims that it is difficult to search for full books, it really isn’t so. It is trivial. When it goes to court and it will, AI models will be required to make it even more difficult and allow for a DMCA like takedowns.
The default assumption here seems to be that the system needs to be broken. This is similar to the Google defence. If a user intent is to search for a cracked software what can poor Google do about it? The answer is to make it even more difficult.
This is a defence also used by torrent sites using magnet urls. “We don’t host files” is the default defence. But then if these sites get hit with DMCA they are required to remove the magnet url.
So the article shows what the lawyer is saying. Despite claims that it is difficult to search for full books, it really isn’t so. It is trivial. When it goes to court and it will, AI models will be required to make it even more difficult and allow for a DMCA like takedowns.