OpenAI now tries to hide that ChatGPT was trained on copyrighted books, including J.K. Rowling’s Harry Potter series::A new research paper laid out ways in which AI developers should try and avoid showing LLMs have been trained on copyrighted material.
Is that intended as a legal or moral position?
As far as I know, the law doesn’t care much if you make money off of IP violations. There are many cases of individuals getting hefty fines for both the personal use and free distribution of IP. I think if there is commercial use of IP the profits are forfeit to the IP holder. I’m not a lawyer though, so don’t bank on that.
There’s still the initial question too. At present, we let the courts decide if the usage, whether profitable or not, meets the standard of IP violation. Artists routinely take inspiration from one another and sometimes they take it too far. Why should we assume that AI automatically takes it too far and always meets the standard of IP violation?