  Copyright and computer science continue to intersect and clash, but they can
coexist. The advent of new technologies such as digitization of visual and
aural creations, sharing technologies, search engines, social media offerings,
and more challenge copyright-based industries and reopen questions about the
reach of copyright law. Breakthroughs in artificial intelligence research,
especially Large Language Models that leverage copyrighted material as part of
training models, are the latest examples of the ongoing tension between
copyright and computer science. The exuberance, rush-to-market, and edge
problem cases created by a few misguided companies now raises challenges to
core legal doctrines and may shift Open Internet practices for the worse. That
result does not have to be, and should not be, the outcome.
  This Article shows that, contrary to some scholars' views, fair use law does
not bless all ways that someone can gain access to copyrighted material even
when the purpose is fair use. Nonetheless, the scientific need for more data to
advance AI research means access to large book corpora and the Open Internet is
vital for the future of that research. The copyright industry claims, however,
that almost all uses of copyrighted material must be compensated, even for
non-expressive uses. The Article's solution accepts that both sides need to
change. It is one that forces the computer science world to discipline its
behaviors and, in some cases, pay for copyrighted material. It also requires
the copyright industry to abandon its belief that all uses must be compensated
or restricted to uses sanctioned by the copyright industry. As part of this
re-balancing, the Article addresses a problem that has grown out of this clash
and under theorized.
