this post was submitted on 22 Dec 2024
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in civil matters, the burden of proof is actually usually just preponderance of evidence and not beyond a reasonable doubt. in other words to win a lawsuit, you only need to have more compelling evidence than the other person.
But you still have to have EVIDENCE. Not derivative evidence. The output of a model could be argued to be hearsay because it's not direct evidence of originating content, it's derivative.
You'd have to have somebody backtrack generations of model data to even find snippets of something that defines copyright material, or a human actually saying "Yes, we definitely trained on unlicensed data".
so like I am not making any comment on anything but the legal system here. but it’s absolutely the case that you can win a lawsuit on purely circumstantial evidence if the defense is unable to produce a compelling alternative set of circumstances which can lead to the same outcome.