zlacker

>>rand0m+(OP)
> Fair use is a doctrine in the law of the United States that allows limited use of copyrighted material without requiring permission from the rights holders. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test:

> 1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes

> 2) The nature of the copyrighted work

> 3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole

> 4) The effect of the use upon the potential market for or value of the copyrighted work

[emphasis from TFA]

HN always talks about derivative work and transformativeness, but never about these. The fourth one especially seems clear in its implications for models.

Regardless, it makes it seem much less clear cut than people here often say.

>>6gvONx+qs
I would look at #1 here. Crawling the Internet to collect information is one thing. (And people putting text on the web without requiring authentication seem to be granting at least some kind of license to anyone who sends a GET request.). But crawling the Internet (via centralized robots or users’ browsers), then storing that data and charging money to others for rights to that data (as Brave seems to be doing, quite explicitly) seems like it deserves a very different evaluation under factor #1.