Re: <nettime> The Copy Far "AI" license

[Javier de la Cueva via nettime-l <nettime-l@lists.nettime.org>]

On 23/09/2023 17:48, rhatto via nettime-l wrote:
> Hello nettimers, this might be of interest:
>
>    Copy Far "AI" - A license close to copyleft, but far from the so-called
>    "Artificial Intelligences": https://copyfarai.itcouldbewor.se
>
> ps: I'm not in the list (please Cc).

Thank you for your email. Unfortunately, I have doubts about the 
enforceability/validity of the license.

Basically, copyright is about forbidding 4 activities: to copy, to make 
a derivative copy (to transform the work), to publicly communicate 
(intangible works) and to distribute (tangible works).

Nonetheless any user may exercise one or more of the above activities if 
they fall under at least one of the following scenarios:

1. They do have permission from the rightholder.
2. They are exercising a limit -also called exception- (European system) 
or they are exercising fair use (USA system).
3. The work is under public domain.

Thus, you may exercise one or several of the activities (copy, 
transform, publicly communicate, distribute) over the work if you either 
have consent, the law allows you to do so or the rights were terminated.

The Copy Far "AI" licence focuses on two uses that the rightholder does 
not allow in any case: 'procedures known as "machine learning" and 
stylometric analysis'.

But even though the rightholder does not allow those uses of their work, 
the uses may be allowed by the law. And the rightholder cannot oppose to 
what the law allows:

- In Japan those uses seem to be allowed by the law since 2018 [1].
- In USA we do not know if courts are going to consider that those uses 
fall under fair use. There are several trials going on and they will 
give us an answer.
- In Europe if Google has scraped all the internet, hosts a cache copy 
and this activity has not been considered an infringement, even though 
websites include the 'all rights reserved' motto, then again we will 
have to wait to read the opinion of the European Court of Justice.

So, although I consider the licence a good initiative, I have my doubts 
about its validity.

[1] https://eare.eu/japan-amends-tdm-exception-copyright/

--
Kind regards,
Javier de la Cueva
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