this post was submitted on 20 Sep 2023
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The difference is that, to sue someone, you have to demonstrate that they were acting outside of existing laws and caused you real harm. Case law was never intended to proactively address hypothetical future scenarios—that’s what lawmakers and regulators are for.
In this case they are suing based on current copyright infringement by OpenAI, with the justification of predicable outcomes. Like how you can sue someone who is violating zoning ordinances and using predictable negative outcomes based on similar cases to justify the urgency of making them stop now instead of just trying to get money back when things get even worse.