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The EU's AI act points to the DSM directive's text and data mining exemption, allowing for commercial data mining so long as machine-readable opt-outs are respected - robots.txt is typically taken as the established standard for this.

In the US it is a suggestion (so long as Fair Use holds up) but all I've seen suggests that the major players are respecting it, and minor players tend to just use CommonCrawl which also does. Definitely possible that some slip through the cracks, but I don't think it's as useless as is being suggested.



Technically, robot.txt isn't enforcing anything, so it is just trust.

""OpenAI CTO doesn't know what data was used to train the company's video generating platform, Sora""

https://www.youtube.com/watch?v=4AYbZG3h14w

Funny. If I can browse to it, it is public right? That is how some people's logic goes. And how OpenAI argued 2 years ago when GPT3.5/ChatGPT first started getting traction.


> Technically, robot.txt isn't enforcing anything, so it is just trust.

There's legal backing to it in the EU, as mentioned. With CommonCrawl you can just download it yourself to check. In other cases it wouldn't necessarily be as immediately obvious, but through monitoring IPs/behavior in access logs (or even prompting the LLM to see what information it has) it would be possible to catch them out if they were lying - like Perplexity were "caught out" in the mentioned case.

> Funny. If I can browse to it, it is public right? That is how some people's logic goes. And how OpenAI argued 2 years ago when GPT3.5/ChatGPT first started getting traction.

If you mean public as in the opposite of private, I think that's pretty much true by definition. Information's no longer private when you're putting it on the public Internet.

If you mean public as in public domain, I don't think that has been argued to be the case. The argument is that it's fair use (that is, the content is still under copyright, but fitting statistical models is substantially transformative/etc.)




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