> To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
If copyright is starting to impede rather than promote progress, then it needs to change to remain constitutional.
I think publications should be protected enough to keep them in business, so I don't really know what to make of this situation.
The end game when large content producers like The New York Times are squeezed due to copyright not being enforced is that they will become more draconian in their DRM measures. If you don't like paywalls now, watch out for what happens if a free-for-all is allowed for model training on copyrighted works without monetary compensation.
I had a similar conversation with my brother-in-law who's an economist by training, but now works in data science. Initially he was in the side of OpenAI, said that model training data is fair game. After probing him, he came to the same conclusion I describe: not enforcing copyright for model training data will just result in a tightening of free access to data.
We're already seeing it from the likes of Twitter/X and Reddit. That trend is likely to spread to more content-rich companies and get even more draconian as time goes on.
But it falls apart because kids aren't business units trained to maximize shareholder returns (maybe in the farming age they were). OpenAI isn't open, it's making revolutionary tools that are absolutely going to be monetized by the highest bidder. A quick way to test this is NYT offers to drop their case if "open" AI "open"-ly releases all its code and training data, they're just learning right? what's the harm?