The Free Software Foundation has issued a striking ultimatum to Anthropic, the artificial intelligence company currently embroiled in copyright infringement litigation. The FSF announced on Friday that Anthropic's training data for its large language models apparently included 'Free as in Freedom: Richard Stallman's Crusade for Free Software', a book for which the FSF holds copyright. This discovery comes as Anthropic attempts to settle a 2024 lawsuit over claims it violated copyrights whilst training its LLMs.

The book in question was published by O'Reilly and the FSF under the GNU Free Documentation Licence, a free licence that permits use of the work for any purpose without payment. However, the FSF argues that merely using the work isn't sufficient compliance. According to their interpretation, proper adherence to the licence would require Anthropic to share the complete training inputs with every user of the LLM, together with the complete model, training configuration settings, and accompanying software source code.
In their announcement, the FSF urged Anthropic and other LLM developers who train models using massive datasets downloaded from the internet to provide these LLMs to their users 'in freedom'. The organisation acknowledged its limited resources and the need to be selective about legal battles. However, they made their position crystal clear: if the FSF were to participate in a lawsuit such as Bartz v. Anthropic and find their copyright and licence violated, they would request user freedom as compensation rather than monetary damages.
The FSF's headline captures their philosophy succinctly: 'The FSF doesn't usually sue for copyright infringement, but when we do, we settle for freedom.' This stance presents a unique challenge for Anthropic's settlement strategy, as the FSF's demands diverge significantly from typical copyright settlements that involve financial compensation. The situation highlights the growing tension between proprietary AI development and open-source principles in the rapidly evolving landscape of artificial intelligence.
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