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The Complexity of TDM Laws in AI
A lot of these TDM laws were initially framed in the domain of research. It also gets complicated because there are often not rules about further or subsequent commercial use afterwards. Germany has defined or closed this loophole by saying, okay, if your research is going to be used specifically or primarily for commercial, then you fall on as a commercial institution. Therefore, you have to follow the rules set out for commercial entities.