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The Internet Archive and OpenAI: A Battle for Knowledge in the Age of AI and Copyright Overreach

AI can read as many copyrighted materials for free as it needs to, but when people want to do the same, it's an issue.

Photo credit: Tingey Injury Law Firm

In a concerning turn of events, corporations are actively working to restrict access to knowledge while simultaneously championing AI tools that perpetuate plagiarism and misinformation. This worrying trend has significant implications for society as reading comprehension and literacy rates continue to decline.

OpenAI, the company behind the popular AI chatbot ChatGPT, has recently filed a plea with the British Parliament, arguing that it is "impossible" to train its AI models without using copyrighted materials. The company claims that limiting training data to public domain works would not sufficiently meet the needs of today's citizens, as modern AI systems require vast amounts of diverse data to function effectively.

OpenAI's statement reflects a growing concern within the tech industry regarding the limitations imposed by current copyright laws, which they claim stifle innovation and hinder the development of advanced AI technologies. However, this stance has drawn criticism from various entities, including the New York Times, who have sued OpenAI for "massive copyright infringement, commercial exploitation and misappropriation" of their intellectual property.

This lawsuit has been joined by other authors and organizations, including the Authors Guild, which has filed a class-action suit against OpenAI on behalf of several prominent writers. These legal actions underscore the growing concern among creators that their work is being exploited without compensation or consent.

The Internet Archive's Book Scanning Program Faces Major Setback

In a significant blow to the Internet Archive's mission, an appeals court has upheld a lower court's decision against the organization's book scanning program. The lawsuit, known as Hachette v. Internet Archive, was brought by four major publishers—Hachette, HarperCollins, Penguin Random House, and Wiley—who contested the Internet Archive's controlled digital lending practices.

The Internet Archive's program aimed to provide digital access to books by scanning physical copies and lending out digital versions, similar to how traditional libraries operate. However, the publishers argued that the Internet Archive's practices amounted to "unvarnished piracy" by allowing unlimited borrowing of e-books, rather than the one-at-a-time lending the publishers deemed acceptable.

In a decisive 64-page ruling released on September 4, the court rejected the Internet Archive's fair use defense and the "controlled digital lending" protocol that underpins its scanning and lending practices. As a result of the court's final order, the Internet Archive is required to remove any commercially available e-books from its lending program upon notification from the publishers. This injunction will have a significant impact on public access to knowledge and culture, as many people who cannot afford to purchase books or live near well-funded libraries will lose access to these digital resources.

The Internet Archive has stated its intention to continue appealing the decision, as the organization believes the ruling threatens basic library practices and will limit access to valuable information for the general public. However, the legal battle has already proven costly and time-consuming for the non-profit organization. You can help the Internet Archive by signing the open letter to publishers, asking them to restore access to the 500,000 books removed from the library.

The Implications and the Backlash

This situation is exacerbated by declining literacy rates and reading comprehension skills, which are at an all-time low. As society becomes more reliant on AI tools that often perpetuate misinformation, the implications of these legal decisions become even more alarming. The backlash on social media platforms, particularly X (formerly Twitter), reflects a growing frustration with the monopolization of knowledge and the diminishing role of public resources like the Internet Archive.

Frank Herbert, the renowned author of the Dune series, once warned, "Once men turned their thinking over to machines in the hope that this would set them free. But that only permitted other men with machines to enslave them." These words seem to ring true as corporations use AI technology to further their agendas, while simultaneously limiting the public's access to knowledge.

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