#commercialuse — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #commercialuse, aggregated by home.social.
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/(4 of 4) Last excerpt:
“ … whether the secondary use is transformative doesn't dictate the outcome of the first factor analysis (let alone of the entire fair use inquiry).
Also relevant is the commercial nature of Meta's use.
Although Llama is available under a free license, it was ultimately developed for commercial reasons, and Meta expects it to generate 460 billion to 1.4 trillion dollars in revenue over the next ten years. Pls. MSJ Ex. 8 at 2.”
That a use is commercial tends to weigh against a finding of fair use “because, all else equal, commercial copying is less justified than noncommercial copying. Warhol, 598 U.S. at 537 (…)
So the fact that Llama may make Meta many billions of dollars is relevant and
shouldn't be completely brushed aside, as Meta tries to do.As discussed later, if copying would result in market harm to the protected works, it could matter a great deal whether the copying was part of a for-profit endeavor as opposed to, say, an academic endeavor. …”
Pg 18-19
from: Kadrey et al v. Meta Platforms, Inc., No. 3:2023cv03417 - Document 598.
"ORDER Denying the Plaintiffs' 482 Motion for Partial Summary Judgment ...”