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#there is no de minimus standard for copyright
thetrekkiehasthephonebox
Β·
4 months
Text
dear lord
#the ways the people misunderstand copyright law
#there is no de minimus standard for copyright
#NONE
#and to say that search engine scraping is the same as scraping for generative AI and therefore fair use... dude no
#fair use has to be non competitive with the original rights holder
#and generally non commercial
#you cannot say in good faith that these plagiarism machines are non competitive
#they are actively promoting and going after the ability to make output in a specific artist's style
#AND THEN THEY'RE CHARGING PEOPLE MONEY FOR IT
#and the ones that aren't /currently/ will be eventually
#this isn't a tool for FINDING someone's creative work the way a search engine it
#it's a tool for OBSCURING the author's involvement
#and then promoting someone saying copyright should only last a decade??? WHAT??
#that's shorter than a patent and patents are meant to be the shortest IP term by design
#we used to havd shorter copyright terms in this country and guess what? the disneys of the day didn't suffer
#the artists were the ones who got screwed over
#and to say collective bargaining is going to fix the issue is... well... not uh... supported by history
#look up the formation of ASCAP
#how they went on strike
#and the creation of BMI
#understand that artists had their careers entirely derailed as a result and lost their livelihoods because of corporate greed
#and like I don't love the ways that sample clearance has evolved
#(especially thinking of Fat Boy Slim not getting any royalties from The Rockafeller Skank)
#BUT it is a system that could work
#OR we look at something like a mechanical
#where artists are just automatically paid for use of their work in a dataset
#but like
#just a massive misunderstanding of the current state and history of copyright law there
#and just for the record YES SONNY BONO WAS A MISTAKE AND LIFE + 70 IS EXCESSIVE
#but a single decade?? just say you hate working artists and be done with it
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