The main challenge I see is that Aaron Schwartz and countless others have been prosecuted for access to information but AI companies have been rewarded. There is precedence that access like this is not legal. Had they gone through a library system or used a mechanic like that it may have worked but from what I understand, they used torrents and other mechanics to access the data. So you have companies that go after individual infringement but pursue their own mass infringement. Whether AI generated materials is infringement is above my pay grade but their consumption of the materials seems pretty straight forward as infringement.
The main challenge I see is that Aaron Schwartz and countless others have been prosecuted for access to information but AI companies have been rewarded. There is precedence that access like this is not legal. Had they gone through a library system or used a mechanic like that it may have worked but from what I understand, they used torrents and other mechanics to access the data. So you have companies that go after individual infringement but pursue their own mass infringement. Whether AI generated materials is infringement is above my pay grade but their consumption of the materials seems pretty straight forward as infringement.