AI don’t participate in culture, but the people who make them do, and fair use protects their right to reverse engineering, indexing, and other forms of analysis that create new knowledge about works or bodies of works. These models consist only of original analysis of the training data in comparison with one another, which were selected by their creators based on their learned experiences and preferences.

These are tools made by humans for humans to use, we are in control of the input and the output. Every time you see generative AI output, it’s because someone out there made the decision to share. Restricting these models is restricting the rights of the people that use and train them. Mega-corporations will have their own models, no matter the price. What we say and do here will only affect our ability to catch up and stay competitive.

I recommend reading this article by Kit Walsh, a senior staff attorney at the EFF if you haven’t already. The EFF is a digital rights group who most recently won a historic case: border guards now need a warrant to search your phone. I’d like to hear your thoughts.