AI training is fair use, artist argues, citing Anthropic and Meta rulings ahead of Stability trial

scott_draves · x · 2026-08-31

Digital artist Scott Draves argues in a threaded debate that training and distributing models constitutes fair use, and that "using AI isn't theft," citing Judge Alsup's and Judge Chhabria's rulings in Bartz v. Anthropic and Kadrey v. Meta holding LLM training to be fair use.

He notes the image-side case Andersen v. Stability AI is still pending, but Judge Orrick already dismissed the most aggressive claims that the model is a mere collage tool and outputs are derivative works. Backed by an MIT paper's results and the text precedents, he is optimistic about the trial beginning next week. A linked Public Knowledge article explains why both decisions found AI training highly transformative.

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