I mean, sure, but the issue is that the rules aren’t being applied on the same level. The data in question isn’t free for you, it’s not free for me, but it’s free for OpenAI. They don’t face any legal consequences, whereas humans in the USA are prosecuted including an average fine per human of $266,000 and an average prison sentence of 25 months.
OpenAI has pirated, violated copyright, and distributed more copyright than an i divided human is reasonably capable of, and faces no consequences.
https://www.splaw.us/blog/2021/02/looking-into-statistics-on-copyright-violations/
https://www.patronus.ai/blog/introducing-copyright-catcher
My use of the term “human” is awkward, but US law considers corporations people, so i tried to differentiate.
I’m in favour of free and open data, but I’m also of the opinion that the rules should apply to everyone.
They don’t even do that. They just take the edge off enough that I don’t actually try to throw myself off a bridge.