But you still have to have EVIDENCE. Not derivative evidence. The output of a model could be argued to be hearsay because it’s not direct evidence of originating content, it’s derivative.
You’d have to have somebody backtrack generations of model data to even find snippets of something that defines copyright material, or a human actually saying “Yes, we definitely trained on unlicensed data”.
so like I am not making any comment on anything but the legal system here. but it’s absolutely the case that you can win a lawsuit on purely circumstantial evidence if the defense is unable to produce a compelling alternative set of circumstances which can lead to the same outcome.
But you still have to have EVIDENCE. Not derivative evidence. The output of a model could be argued to be hearsay because it’s not direct evidence of originating content, it’s derivative.
You’d have to have somebody backtrack generations of model data to even find snippets of something that defines copyright material, or a human actually saying “Yes, we definitely trained on unlicensed data”.
so like I am not making any comment on anything but the legal system here. but it’s absolutely the case that you can win a lawsuit on purely circumstantial evidence if the defense is unable to produce a compelling alternative set of circumstances which can lead to the same outcome.