That solves – CP is compatible with wide variety of other legislative approaches, be open to novel new approaches
Henderson et al 2023. Peter Henderson∗ Department of Computer Science School of Public & International Affairs Princeton University, Princeton, CA, USA Xuechen Li∗ Department of Computer Science Stanford University, Stanford, CA, USA Dan Jurafsky Department of Computer Science Department of Linguistics Stanford University, Stanford, CA, USA Tatsunori Hashimoto Department of Computer Science Stanford University, Stanford, CA, USA Mark A. Lemley Stanford Law School Stanford, CA, USA Percy Liang Department of Computer Science Stanford University, Stanford, CA, USA. “Foundation Models and Fair Use” Journal of Machine Learning Research 24 (2023) 1-79. <https://www.jmlr.org/papers/volume24/23-0569/23-0569.pdf> Accessed 7/1/24 ARJSH
Pursuing other remedies beyond technical mitigation. Importantly, even if technical mitigation strategies managed to keep foundation models within the confines of fair use, these models may still create harms in many other ways—including disrupting creative industries, exploiting labor, and more. See extensive discussion by, e.g., Bender et al. (2021); Bommasani et al. (2021); Blodgett et al. (2020); Mahelona et al. (2023). It is important to note that we do not suggest that technical mitigation strategies will solve everything and neither will fair use doctrine. Our goal here is to point out that currently there is more work to be done even within the confines of fair use to make foundation models more in line with case law. Other strategies to prevent harms should be pursued in conjunction with the strategies we outline here, but they should be carefully weighed against other potential harms from excluding data under overly restrictive copyright standards (Levendowski, 2018). For example, complementary approaches to what we describe here could include statutory licensing schemes, taxation and redistribution, or other policy mechanisms. While these may be worthy of considering, each may have its own challenges and are outside the scope of this work. Furthermore, there are other aspects of fair use that we do not consider here, and there well may be cases where technical mitigation strategies will still not be enough for fair use.