Description
Kevin Kelly—the founding executive editor of Wired and a New York Times bestselling author—just filed an amicus brief in the big In Re: OpenAI multi-district litigation arguing that training AI models on copyrighted works is fair use.
This isn't some random tech guy. He's an actual author who writes both fiction and nonfiction, and he's siding with the fair use argument against the news publishers, book authors, and textbook plaintiffs. The brief walks through why AI training isn't about making copies of original works (when that happens it's a malfunction), how it's transformative in the same way humans have always learned and built on prior knowledge, and why the plaintiffs' "market dilution" theory doesn't fit copyright law.
He pulls not only from Supreme Court precedent, but also the historical angle (Shakespeare's Romeo and Juliet, for example) and the broader free-speech/mythmaking implications if copyright gets stretched this far.
Proposed Amicus Curiae Brief of Kevin Kelly – #2112, Att. #1 in In Re: OpenAI https://www.courtlistener.com/docket/69879510/2112/1/in-re-openai-inc-copyright-infringement-litigation/
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0:00 - Intro
1:39 - Amicus Brief of Kevin Kelly
3:16 - AI Does Not Remember Works or Make Copies
6:34 - Why AI Training Is Transformative
7:20 - AI Models Do NOT Copy or Store Original Works
8:09 - How Authors Can Leverage AI
9:13 - Romeo and Juliet Is as Derivative as Malfoid
12:27 - AI Is Far More Transformative than Anything Before
12:59 - Copyright Is NOT About Enriching Authors, but Promoting Progress
14:00 - Why "Market Dilution" Is Invalid
15:20 - Copyright Is NOT a Shield from Competition
16:34 - What Kind of Future Would You Rather Live In?