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I don’t think that’s the basis of their argument.
The RIAA alleges that the generators used the record labels’ songs to illegally train the models since they didn’t have the rights holders’ permission to use the recordings. But whether the companies needed that permission is unclear. AI companies have argued that the use of training data is a case of fair use, meaning they are allowed to use the recordings with impunity.
Emphasis mine. Their concern is that the music was used for commercial purposes, not how the music came into their possession. Web scraping is already legal, that’s never been a piracy issue.
The sign guy returned their deposit. The shirt guy wasn’t so kind.