A.B. 412, a controversial California bill regulating generative AI, has been delayed and reclassified as a two-year bill, preventing its progression in 2025. The bill aimed to impose stringent transparency measures but was criticized for prioritizing large content companies and risking penalties for non-compliance among developers. It overlooked the potential contributions of smaller teams, which innovate for public good. Courts currently recognize much AI training as fair use, highlighting the fundamental issues in rewriting copyright regulations at the state level.
The transparency in AI development is a laudable goal but A.B. 412 failed to offer a fair or effective path to get there.
A.B. 412 would have given companies the impossible task of differentiating between what content was copyrighted and what wasn't.
The most interesting work in AI won't necessarily come from the biggest companies, but from small teams fine-tuning tools for the public good.
Courts have found much of AI training work to be fair use, with landmark cases reinforcing this principle.
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