Copyright is more about distribution and deprivation than copying.
There is absolutely nothing preventing me from sitting down and handwriting the entirety of the LOTR in calligraphic script.
I can even give that copy to other people, as it is a “derivative work,” and I’m not attempting to profit from it.
There’s not even anything preventing me from scanning every page and creating a .pdf file for personal use, as long as I don’t distribute it.
Hell, the DMCA even allows me to rip a movie as long as I’m keeping it for personal use.
I don’t see anything here that can not be argued against with fair use. The case is predicated upon the idea that if you give it the correct prompts, it’ll spit out large amounts of copyrighted text.
If you were describing that as an interaction with a person, you’d call that coercion and maybe even entrapment.
The intent of the scraping was not explicitly distribution.
Copyright is more about distribution and deprivation than copying.
There is absolutely nothing preventing me from sitting down and handwriting the entirety of the LOTR in calligraphic script.
I can even give that copy to other people, as it is a “derivative work,” and I’m not attempting to profit from it.
There’s not even anything preventing me from scanning every page and creating a .pdf file for personal use, as long as I don’t distribute it.
Hell, the DMCA even allows me to rip a movie as long as I’m keeping it for personal use.
I don’t see anything here that can not be argued against with fair use. The case is predicated upon the idea that if you give it the correct prompts, it’ll spit out large amounts of copyrighted text.
If you were describing that as an interaction with a person, you’d call that coercion and maybe even entrapment.
The intent of the scraping was not explicitly distribution.