The Wikimedia Foundation submitted an amicus brief in ongoing copyright litigation between major publishers and artificial intelligence companies, advocating for a nuanced legal approach to fair use doctrine in the context of large language models.
The foundation expressed concerns that extreme positions from either side could prove harmful. A ruling favoring publishers could allow copyright holders to restrict even transformative and innovative uses of their work, while a victory for AI developers could permit companies to disregard licensing requirements and limit knowledge sharing. Wikimedia emphasized the interconnected nature of these systems with its own operations, noting that AI and machine learning systems have become heavily dependent on Wikipedia as a training data source.
Wikimedia acknowledged benefits and drawbacks of current AI development. Large language models provide useful capabilities for Wikipedia editors, including tools to combat vandalism, identify copyright violations, detect doxxing attempts, and flag articles requiring attention. Simultaneously, these same systems draw users away from Wikipedia and reproduce content licensed under Creative Commons without adhering to those licenses’ terms.
The foundation proposed a framework distinguishing between different AI applications. Training large language models on copyrighted material without licensing should qualify as fair use when the resulting system produces novel outputs distinct from source material, according to Wikimedia’s position. However, when AI systems reproduce and deliver existing content to users in ways that substitute for access to original works, licensing requirements should apply. In such cases, AI companies would need to comply with applicable terms, including Creative Commons requirements for attribution and license preservation in derivative works.
Wikimedia leadership stated that the ruling’s implications extended beyond copyright considerations to affect broader knowledge access and the sustainability of open-source technologies. The organization emphasized that finding balance between expanding knowledge through AI while respecting contributors and communities constituted a shared responsibility across the information ecosystem.
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