Copyright != an NDA. Copyright is not an agreement between two entities, but a US federal law, with international obligations both ratified and not.
Copyright has fair uses clauses, endless court decisions limiting its use, carve outs for libraries, additional junk like the DMCA and more slapped on top. It's a patchwork of dozens of treaties and laws, spanning hundreds of years.
For example, you can read a book to a room full of kids, you can use copyright materials in comedic skits, you can quote snippets, the list goes on. And again, this is all legislated.
The point? It's complex, and specific usage of copyrighted works infringing or not, can be debatable without intent immediately being malign.
Meanwhile, an NDA covers far, far more than copyright. It may cover discussion and disclosure of everything or anything, including even client lists, trade secrets, work processes, and more. It is signed, and agreed to by both parties involved. Equating "copyright law" to "an NDA" is a non-starter. There's literally zero legal parallel or comparison here.
And as others have mentioned, the intent of the act would be malicious on top of all of this.
I know a lot of people dislike the whole data snag by OpenAI, and have moral or ethical objections to closed models, but thinking anyone would care about this argument if you breach an NDA is a bad idea. No judge would even remotely accept or listen to such chicanery.
Copyright has fair uses clauses, endless court decisions limiting its use, carve outs for libraries, additional junk like the DMCA and more slapped on top. It's a patchwork of dozens of treaties and laws, spanning hundreds of years.
For example, you can read a book to a room full of kids, you can use copyright materials in comedic skits, you can quote snippets, the list goes on. And again, this is all legislated.
The point? It's complex, and specific usage of copyrighted works infringing or not, can be debatable without intent immediately being malign.
Meanwhile, an NDA covers far, far more than copyright. It may cover discussion and disclosure of everything or anything, including even client lists, trade secrets, work processes, and more. It is signed, and agreed to by both parties involved. Equating "copyright law" to "an NDA" is a non-starter. There's literally zero legal parallel or comparison here.
And as others have mentioned, the intent of the act would be malicious on top of all of this.
I know a lot of people dislike the whole data snag by OpenAI, and have moral or ethical objections to closed models, but thinking anyone would care about this argument if you breach an NDA is a bad idea. No judge would even remotely accept or listen to such chicanery.