Doesn’t crush AI.

Edward Lanquist and Jeremy Ray, “Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI,” Baker Donelson, 02-05-2024, https://www.bakerdonelson.com/artificial-intelligence-and-copyright-law-the-nyt-v-openai-fair-use-implications-of-generative-ai

While we expect significant clarity from courts over the coming year concerning the application of fair use to generative AI, at the end of the day well-funded industry leaders such as OpenAI will likely win regardless of the outcome. On the one hand, should OpenAI prevail across the board, it will owe nothing for the content used to train its LLM. On the other hand, if OpenAI is forced to license the content used to train its LLM, then such a finding will likely create an economy where only the most well-funded companies will be able to afford the licenses necessary to effectively train their LLMs.