Are Chefs Losing Control? The Hidden Battle Between AI and Copyright Licensing Revealed
What Did DoJ Say?
In terms of legal arguments, I do not agree with the DoJ’s conclusions. An “Ask the Chefs” contribution is not the place for a line-by-line refutation, so instead I will just annotate parts of one paragraph:
“An erroneous fair use ruling would hamper competition in the market for LLMs, because only the largest technology companies might have the capital necessary to pay licensing fees”
This is an unironically oft-repeated talking point straight out of the big tech playbook: “We can of course afford to pay for the content we rely upon to build our products, but what about those poor defenseless startups who want to compete with us? If we pay, they will have to do so too. Therefore, none of us should have to pay.” I suppose they make the same arguments as to why they should not pay for electricity in data centers. All else aside, start-ups and smaller entities pay lower licensing fees. At CCC, where our collective licenses cover AI use for millions of works (and users), small and medium enterprises pay much less than large multinationals. And they have access to the same rights as larger entities. The only difference is cost.
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