alt Hacker News> Broadly speaking, GPL is a license that has specific provisions about creating derivative software from the licensed work, and just saying "fair use" doesn't exempt you from those provisions.
Broadly speaking, yes it does. The whole point of fair use is that you don’t need a license.
Claiming LLMs are fair use is ridiculous bordering on ignorant or disingenuous.
Here’s the 4 part test from 17 U.S.C. § 107:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
Fail. The use is to make trillions of dollars and be maximally disruptive.
2. the nature of the copyrighted work;
Fail. In many cases at least, the copy written code is commercial or otherwise supports livelihoods; and is the result much high skill labor with the express stipulation for reciprocity.
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
Fail. They use all of it.
4. the effect of the use upon the potential market for or value of the copyrighted work.
Fail to the extreme. There is already measurable decline in these markets. The leaders explicitly state that they want to put knowledge workers out of business.
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Hell, LLMs don’t even pass the sniff test.
The only reason this stuff is being entertained is some combination of the prisoner’s dilemma and more classic greed.