The Surprising Truth About “No AI Scraping” Notices: Are They Really Shielding Your Creative Work?
That is essentially what is happening with Fair Use rulings and litigation. Counsel and tech giants are waiting for splits to occur at the federal circuit level so that the Supreme Court may definitively define whether training Large Language Models with copyrighted works is, in fact, Fair Use under federal copyright law.
District courts do not bind each other within a circuit. If you are in a state with multiple district courts, like California, one district court’s decision on Fair Use is merely persuasive precedent to another district court in the state. A decision by that state’s circuit court, however, is definitive. It binds the district courts within its circuit.
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