AI is a scourge on the creative industry. Those thieves that run the companies will knowingly train AI on pirated books. Yes Anthropic may have dodged one bullet, but prison time should be handed out for the pirated books. The Anthropic case will go to the Supreme Court. Why? They have a bullshit definition of “fair use” and they managed to blow that smoke up the judge’s most southerly orifice.
“Fair Use” means only one person at a time can use the book. AI allows billions to use the book. Most AI implementations will regurgitate huge sections, if not the entire book, when prompted correctly. That is generative piracy.
Not a Lawyer
I’m not a lawyer, I’m an author like many of you reading this. Here is what I’m doing to stop AI from using my newest book. On the dedication page and in one other spot I have the following.
Since I’m using Barnes & Noble press, the dedication page is included in the default preview for EPUB.
That text also appears inside the print version and outside on the back cover. If I find they used my ISBNs, I know have a case.
What Do I Base This On?
Open-source licensing. We have a great many Open-source licenses. Permisive, Copy-left, Public Domain, and restricted to non-commercial just to list a few types. I choose to license my book to the purchaser for reading as they see fit, but not for training AI.
Fair Use Doctrine Failure
The problem with the Fair Use doctrine is it was never updated for digital works. For a time we got lucky because you had to have a reader of some kind. Well, then you ended up with software on any computer or phone that could be a reader so . . . digital meant widespread theft. Some companies will apply DRM (Digital Rights Management) which does help. Those who decry DRM basically want to pirate your work, aren’t going to pay for it, so you really shouldn’t give a damn about them, no matter how much they holler.
Summary
In both the physical and digital version of every new work I publish I will include that text. I declare fair use does not include AI training and unlike the other titles, I have that documented in the copy they are stealing.
