Rewriting Copyright Law for Generative AI Would Hurt Everyone (www.eff.org)

Recent lawsuits from publishers and creators against major AI companies over the training of generative AI models on copyrighted works are raising significant concerns within the AI/ML community. The Electronic Frontier Foundation (EFF) has intervened by filing an amicus brief in the In re OpenAI case, highlighting how potential rulings on fair use could negatively impact a wide range of individuals, including researchers, journalists, and activists. The core issue revolves around the plaintiffs' attempts to narrow fair use rights, which would not only hinder transformative uses but also threaten essential activities like journalism and academic research that benefit society at large. The ramifications of restricting fair use are profound. If courts rule in favor of plaintiffs, mandatory licensing could emerge, giving large tech companies an unfair advantage and stifling innovation among smaller players. This shift would complicate everyday activities on the internet, as users may be forced to verify the legality of content sharing, crippling the digital landscape. A more equitable copyright framework is vital to ensure that technology continues to promote creativity and public good, rather than entrench the powers of large media companies at the expense of the broader community.