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FSF statement on copyright infringement lawsuit Bartz v. Anthropic

https://www.fsf.org/blogs/licensing/2026-anthropic-settlement
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Where's the threat? The FSF was notified that as part of the settlement in Bartz v. Anthropic they were potentially entitled to money, but in this case the works in question were released under a license that allowed free duplication and distribution so no harm was caused. There's then a note that if the FSF had been involved in such a suit they'd insist on any settlement requiring that the trained model be released under a free license. But they weren't, and they're not.

(Edit: In the event of it being changed to match the actual article title, the current subject line for this thread is " FSF Threatens Anthropic over Infringed Copyright: Share Your LLMs Freel")

> but in this case the works in question were released under a license that allowed free duplication and distribution so no harm was caused.

FSF licenses contain attribution and copyleft clauses. It's "do whatever you want with it provided that you X, Y and Z". Just taking the first part without the second part is a breach of the license.

It's like renting a car without paying and then claiming "well you said I can drive around with it for the rest of the day, so where is the harm?" while conveniently ignoring the payment clause.

You maybe confusing this with a "public domain" license.

If what you do with a copyrighted work is covered by fair use it doesn't matter what the license says - you can do it anyway. The GFDL imposes restrictions on distribution, not copying, so merely downloading a copy imposes no obligation on you and so isn't a copyright infringement either.

I used to be on the FSF board of directors. I have provided legal testimony regarding copyleft licenses. I am excruciatingly aware of the difference between a copyleft license and the public domain.

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> The GFDL imposes restrictions on distribution, not copying, so merely downloading a copy imposes no obligation on you and so isn't a copyright infringement either.

The restrictions fall not only on verbatim distribution, but derivative works too. I am not aware whether model outputs are settled to be or not to be (hehe) derivative works in a court of law, but that question is at the vey least very much valid.

It's the third sentence of the article:

> the district court ruled that using the books to train LLMs was fair use but left for trial the question of whether downloading them for this purpose was legal.

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Models, however, can reproduce copyleft code verbatim, and are being redistributed. Doesn't that count?

Licences like AGPL also don't have redistribution as their only restriction.

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This means that you can ignore any part of licenses you don't want to and just copy any software you want, non-free software included.
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Should the FCC be proposing how Robocaller's continue earning any revenue in its decisions?
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