New Fair Use Ruling Defines When Books Can Be Utilized for AI Training

In a ruling, Judge Alsup expressed skepticism regarding the notion that downloading pirated copies of works, which could have been bought legally, can be justified as fair use. He emphasized that such piracy is inherently infringing, regardless of subsequent transformative uses. The case involving Anthropic highlighted that simply retaining stolen materials for potential future AI training is not transformative and does not excuse the initial act of piracy. Internal communications within Anthropic indicated a preference for pirating books over obtaining permissions, deemed a cost-effective strategy to bypass legal challenges. Alsup further pointed out that while Anthropic’s later purchases of the stolen books may mitigate damages, they do not absolve the company of theft liability, ultimately reinforcing the legal consequences of its actions. The ruling indicates Anthropic’s arguments to lessen penalties may face challenges amid strong evidence of intentional piracy.

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