Materially, sure. OpenAI has every advantage over the smaller party.
The entire point of this article though is that banding together the smaller parties has big consequences. By forcing a judgement, either side could get an undesirable outcome. If a precedent is set, fair use or not, it would at least benefit the little guy and big guy alike to know where the law stands. From a purely legislative standpoint, I don't see how the needle moves further towards OpenAI's camp by clarifying the law.
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Materially, sure. OpenAI has every advantage over the smaller party.
The entire point of this article though is that banding together the smaller parties has big consequences. By forcing a judgement, either side could get an undesirable outcome. If a precedent is set, fair use or not, it would at least benefit the little guy and big guy alike to know where the law stands. From a purely legislative standpoint, I don't see how the needle moves further towards OpenAI's camp by clarifying the law.