this post was submitted on 22 Dec 2024
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It's all made from our data, anyway, so it should be ours to use as we want

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[โ€“] barsoap@lemm.ee 2 points 6 hours ago* (last edited 6 hours ago)

Unlikely, I'd say, In EU jurisdictions copyright requires creative authorship, not "sweat of the brow" which is why by default databases aren't included, which is why they're have their own protection regime.

Quote, emphasis mine:

In the meaning of the European Union Directive 96/9/EC on the legal protection of databases,the term database refers to a collection of independent works, data or other materials, which have been arranged in a systematic or methodical way, and have been made individually accessible by electronic or other means. In the meaning of the Directive the data or materials:

  • must not be linked, or must be capable of separation without losing their informative content;
  • must be organised according to specific criteria, which means that only planned collections are covered;
  • must be individually accessible โ€“ mere storage of data is not covered by the term database.

In AI models the organisation is inferred from the data, it's not planned into the database. The first bullet point is on less shaky, a summary an AI can make of a book can reasonably be regarded to be "informative content", nothing about db protections says that they have to store full works it could also be references, citations, etc.