Those claiming AI training on copyrighted works is “theft” misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they’re extracting general patterns and concepts - the “Bob Dylan-ness” or “Hemingway-ness” - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in “vector space”. When generating new content, the AI isn’t recreating copyrighted works, but producing new expressions inspired by the concepts it’s learned.
This is fundamentally different from copying a book or song. It’s more like the long-standing artistic tradition of being influenced by others’ work. The law has always recognized that ideas themselves can’t be owned - only particular expressions of them.
Moreover, there’s precedent for this kind of use being considered “transformative” and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it’s understandable that creators feel uneasy about this new technology, labeling it “theft” is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn’t make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
Bullshit. AI are not human. We shouldn’t treat them as such. AI are not creative. They just regurgitate what they are trained on. We call what it does “learning”, but that doesn’t mean we should elevate what they do to be legally equal to human learning.
It’s this same kind of twisted logic that makes people think Corporations are People.
Ok, ignore this specific company and technology.
In the abstract, if you wanted to make artificial intelligence, how would you do it without using the training data that we humans use to train our own intelligence?
We learn by reading copyrighted material. Do we pay for it? Sometimes. Sometimes a teacher read it a while ago and then just regurgitated basically the same copyrighted information back to us in a slightly changed form.
And that’s all paid for. Think how much just the average high school graduate has has invested in them, ai companies want all that, but for free
It’s not though.
A huge amount of what you learn, someone else paid for, then they taught that knowledge to the next person, and so on. By the time you learned it, it had effectively been pirated and copied by human brains several times before it got to you.
Literally anything you learned from a Reddit comment or a Stack Overflow post for instance.
If only there was a profession that exchanges knowledge for money. Some one who “teaches.” I wonder who would pay them
The things is, they can have scads of free stuff that is not copyrighted. But they are greedy and want copyrighted stuff, too
We all should. Copyright is fucking horseshit.
It costs literally nothing to make a digital copy of something. There is ZERO reason to restrict access to things.
Making a copy is free. Making the original is not. I don’t expect a professional photographer to hand out their work for free because making copies of it costs nothing. You’re not paying for the copy, you’re paying for the money and effort needed to create the original.
Making a copy is free. Making the original is not.
Yes, exactly. Do you see how that is different from the world of physical objects and energy? That is not the case for a physical object. Even once you design something and build a factory to produce it, the first item off the line takes the same amount of resources as the last one.
Capitalism is based on the idea that things are scarce. If I have something, you can’t have it, and if you want it, then I have to give up my thing, so we end up trading. Information does not work that way. We can freely copy a piece of information as much as we want. Which is why monopolies and capitalism are a bad system of rewarding creators. They inherently cause us to impose scarcity where there is no need for it, because in capitalism things that are abundant do not have value. Capitalism fundamentally fails to function when there is abundance of resources, which is why copyright was a dumb system for the digital age. Rather than recognize that we now live in an age of information abundance, we spend billions of dollars trying to impose artificial scarcity.
You sound like someone who has not tried to make an artistic creation for profit.
You sound like someone unwilling to think about a better system.
Better system for WHOM? Tech-bros that want to steal my content as their own?
I’m a writer, performing artist, designer, and illustrator. I have thought about copyright quite a bit. I have released some of my stuff into the public domain, as well as the Creative Commons. If you want to use my work, you may - according to the licenses that I provide.
I also think copyright law is way out of whack. It should go back to - at most - life of author. This “life of author plus 95 years” is ridiculous. I lament that so much great work is being lost or forgotten because of the oppressive copyright laws - especially in the area of computer software.
But tech-bros that want my work to train their LLMs - they can fuck right off. There are legal thresholds that constitute “fair use” - Is it used for an academic purpose? Is it used for a non-profit use? Is the portion that is being used a small part or the whole thing? LLM software fail all of these tests.
They can slurp up the entirety of Wikipedia, and they do. But they are not satisfied with the free stuff. But they want my artistic creations, too, without asking. And they want to sell something based on my work, making money off of my work, without asking.
Better system for WHOM? Tech-bros that want to steal my content as their own?
A better system for EVERYONE. One where we all have access to all creative works, rather than spending billions on engineers nad lawyers to create walled gardens and DRM and artificial scarcity. What if literally all the money we spent on all of that instead went to artist royalties?
But tech-bros that want my work to train their LLMs - they can fuck right off. There are legal thresholds that constitute “fair use” - Is it used for an academic purpose? Is it used for a non-profit use? Is the portion that is being used a small part or the whole thing? LLM software fail all of these tests.
No. It doesn’t.
They can literally pass all of those tests.
You are confusing OpenAI keeping their LLM closed source and charging access to it, with LLMs in general. The open source models that Microsoft and Meta publish for instance, pass literally all of the criteria you just stated.
We learn by reading copyrighted material.
We are human beings. The comparison is false on it’s face because what you all are calling AI isn’t in any conceivable way comparable to the complexity and versatility of a human mind, yet you continue to spit this lie out, over and over again, trying to play it up like it’s Data from Star Trek.
This model isn’t “learning” anything in any way that is even remotely like how humans learn. You are deliberately simplifying the complexity of the human brain to make that comparison.
Moreover, human beings make their own choices, they aren’t actual tools.
They pointed a tool at copyrighted works and told it to copy, do some math, and regurgitate it. What the AI “does” is not relevant, what the people that programmed it told it to do with that copyrighted information is what matters.
There is no intelligence here except theirs. There is no intent here except theirs.
We are human beings. The comparison is false on it’s face because what you all are calling AI isn’t in any conceivable way comparable to the complexity and versatility of a human mind, yet you continue to spit this lie out, over and over again, trying to play it up like it’s Data from Star Trek.
If you fundamentally do not think that artificial intelligences can be created, the onus is on yo uto explain why it’s impossible to replicate the circuitry of our brains. Everything in science we’ve seen this far has shown that we are merely physical beings that can be recreated physically.
Otherwise, I asked you to examine a thought experiment where you are trying to build an artificial intelligence, not necessarily an LLM.
This model isn’t “learning” anything in any way that is even remotely like how humans learn. You are deliberately simplifying the complexity of the human brain to make that comparison.
Or you are over complicating yourself to seem more important and special. Definitely no way that most people would be biased towards that, is there?
Moreover, human beings make their own choices, they aren’t actual tools.
Oh please do go ahead and show us your proof that free will exists! Thank god you finally solved that one! I heard people were really stressing about it for a while!
They pointed a tool at copyrighted works and told it to copy, do some math, and regurgitate it. What the AI “does” is not relevant, what the people that programmed it told it to do with that copyrighted information is what matters.
“I don’t know how this works but it’s math and that scares me so I’ll minimize it!”
If we have an AI that’s equivalent to humanity in capability of learning and creative output/transformation, it would be immoral to just use it as a tool. At least that’s how I see it.
I think that’s a huge risk, but we’ve only ever seen a single, very specific type of intelligence, our own / that of animals that are pretty closely related to us.
Movies like Ex Machina and Her do a good job of pointing out that there is nothing that inherently means that an AI will be anything like us, even if they can appear that way or pass at tasks.
It’s entirely possible that we could develop an AI that was so specifically trained that it would provide the best script editing notes but be incapable of anything else for instance, including self reflection or feeling loss.
This model isn’t “learning” anything in any way that is even remotely like how humans learn. You are deliberately simplifying the complexity of the human brain to make that comparison.
I do think the complexity of artificial neural networks is overstated. A real neuron is a lot more complex than an artificial one, and real neurons are not simply feed forward like ANNs (which have to be because they are trained using back-propagation), but instead have their own spontaneous activity (which kinda implies that real neural networks don’t learn using stochastic gradient descent with back-propagation). But to say that there’s nothing at all comparable between the way humans learn and the way ANNs learn is wrong IMO.
If you read books such as V.S. Ramachandran and Sandra Blakeslee’s Phantoms in the Brain or Oliver Sacks’ The Man Who Mistook His Wife For a Hat you will see lots of descriptions of patients with anosognosia brought on by brain injury. These are people who, for example, are unable to see but also incapable of recognizing this inability. If you ask them to describe what they see in front of them they will make something up on the spot (in a process called confabulation) and not realize they’ve done it. They’ll tell you what they’ve made up while believing that they’re telling the truth. (Vision is just one example, anosognosia can manifest in many different cognitive domains).
It is V.S Ramachandran’s belief that there are two processes that occur in the Brain, a confabulator (or “yes man” so to speak) and an anomaly detector (or “critic”). The yes-man’s job is to offer up explanations for sensory input that fit within the existing mental model of the world, whereas the critic’s job is to advocate for changing the world-model to fit the sensory input. In patients with anosognosia something has gone wrong in the connection between the critic and the yes man in a particular cognitive domain, and as a result the yes-man is the only one doing any work. Even in a healthy brain you can see the effects of the interplay between these two processes, such as with the placebo effect and in hallucinations brought on by sensory deprivation.
I think ANNs in general and LLMs in particular are similar to the yes-man process, but lack a critic to go along with it.
What implications does that have on copyright law? I don’t know. Real neurons in a petri dish have already been trained to play games like DOOM and control the yoke of a simulated airplane. If they were trained instead to somehow draw pictures what would the legal implications of that be?
There’s a belief that laws and political systems are derived from some sort of deep philosophical insight, but I think most of the time they’re really just whatever works in practice. So, what I’m trying to say is that we can just agree that what OpenAI does is bad and should be illegal without having to come up with a moral imperative that forces us to ban it.
I rather think the point is being missed here. Copyright is already causing huge issues, such as the troubles faced by the internet archive, and the fact academics get nothing from their work.
Surely the argument here is that copyright law needs to change, as it acts as a barrier to education and human expression. Not, however, just for AI, but as a whole.
Copyright law needs to move with the times, as all laws do.
The whole point of copyright in the first place, is to encourage creative expression, so we can have human culture and shit.
The idea of a “teensy” exception so that we can “advance” into a dark age of creative pointlessness and regurgitated slop, where humans doing the fun part has been made “unnecessary” by the unstoppable progress of “thinking” machines, would be hilarious, if it weren’t depressing as fuck.
The whole point of copyright in the first place, is to encourage creative expression, so we can have human culture and shit.
I feel like that purpose has already been undermined by various changes to copyright law since its inception, such as DMCA and lengthening copyright term from 14 years to 95. Freedom to remix existing works is an important part of creative expression which current law stifles for any original work that releases in one person’s lifespan. (Even Disney knew this: the animated Pinocchio movie wouldn’t exist if copyright could last more than 56 years then)
Either way, giving bots the ‘right’ to remix things that were just made less than a year ago while depriving humans the right to release anything too similar to a 94 year old work seems ridiculous on both ends.
The whole point of copyright in the first place, is to encourage creative expression
…within a capitalistic framework.
Humans are creative creatures and will express themselves regardless of economic incentives. We don’t have to transmute ideas into capital just because they have “value”.
Humans are indeed creative by nature, we like making things. What we don’t naturally do is publish, broadcast and preserve our work.
Society is iterative. What we build today, we build mostly out of what those who came before us built. We tell our versions of our forefathers’ stories, we build new and improved versions of our forefather’s machines.
A purely capitalistic society would have infinite copyright and patent durations, this idea is mine, it belongs to me, no one can ever have it, my family and only my family will profit from it forever. Nothing ever improves because improving on an old idea devalues the old idea, and the landed gentry can’t allow that.
A purely communist society immediately enters whatever anyone creates into the public domain. The guy who revolutionizes energy production making everyone’s lives better is paid the same as a janitor. So why go through all the effort? Just sweep the floors.
At least as designed, our idea of copyright is a compromise. If you have an idea, we will grant you a limited time to exclusively profit from your idea. You may allow others to also profit at your discretion; you can grant licenses, but that’s up to you. After the time is up, your idea enters the public domain, and becomes the property and heritage of humanity, just like the Epic of Gilgamesh. Others are free to reproduce and iterate upon your ideas.
I think you have your janitor example backwards. Spending my time revolutionizing energy productions sounds much more enjoyable than sweeping floors. Same with designing an effective floor sweeping robot.
Sorry buddy, but that capitalistic framework is where we all have to exist for the forseeable future.
Giving corporations more power is not going to help us end that.
Can’t say you’re wrong, however the forseeable future is less than two centuries, and our failure to navigate our way out of capitalism towards something more mutualistic figures largely into our imminent doom.
I don’t think they’re advocating for more capitalism.
That’s the reason we got copyright, but I don’t think that’s the only reason we could want copyright.
Two good reasons to want copyright:
- Accurate attribution
- Faithful reproduction
Accurate attribution:
Open source thrives on the notion that: if there’s a new problem to be solved, and it requires a new way of thinking to solve it, someone will start a project whose goal is not just to build new tools to solve the problem but also to attract other people who want to think about the problem together.
If anyone can take the codebase and pretend to be the original author, that will splinter the conversation and degrade the ability of everyone to find each other and collaborate.
In the past, this was pretty much impossible because you could check a search engine or social media to find the truth. But with enshittification and bots at every turn, that looks less and less guaranteed.
Faithful reproduction:
If I write a book and make some controversial claims, yet it still provokes a lot of interest, people might be inclined to publish slightly different versions to advance their own opinions.
Maybe a version where I seem to be making an abhorrent argument, in an effort to mitigate my influence. Maybe a version where I make an argument that the rogue publisher finds more palatable, to use my popularity to boost their own arguments.
This actually happened during the early days of publishing, by the way! It’s part of the reason we got copyright in the first place.
And again, it seems like this would be impossible to get away with now, buuut… I’m not so sure anymore.
—
Personally:
I favor piracy in the sense that I think everyone has a right to witness culture even if they can’t afford the price of admission.
And I favor remixing because the cultural conversation should be an active read-write two-way street, no just passive consumption.
But I also favor some form of licensing, because I think we have a duty to respect the integrity of the work and the voice of the creator.
I think AI training is very different from piracy. I’ve never downloaded a mega pack of songs and said to my friends “Listen to what I made!” I think anyone who compares OpenAI to pirates (favorably) is unwittingly helping the next set of feudal tech lords build a wall around the entirety of human creativity, and they won’t realize their mistake until the real toll booths open up.
I think AI training is very different from piracy. I’ve never downloaded a mega pack of songs and said to my friends “Listen to what I made!”
I’ve never done this. But I have taken lessons from people for instruments, listened to bands I like, and then created and played songs that certainly are influences by all of that. I’ve also taken a lot of art classes, and studied other people’s painting styles and then created things from what I’ve learned, and said “look at what I made!” Which is far more akin to what AI is doing that what you are implying here.
So what if its closer? Its still not an accurate description, because thats not what AI does.
Because what they are describing is just straight up theft, while what I describes is so much closer to how one trains and ai. I’m afraid that what comes out of this ai hysteria is that copyright gets more strict and humans copying style even becomes illegal.
I’m sympathetic to the reflexive impulse to defend OpenAI out of a fear that this whole thing results in even worse copyright law.
I, too, think copyright law is already smothering the cultural conversation and we’re potentially only a couple of legislative acts away from having “property of Disney” emblazoned on our eyeballs.
But don’t fall into their trap of seeing everything through the lens of copyright!
We have other laws!
We can attack OpenAI on antitrust, likeness rights, libel, privacy, and labor laws.
Being critical of OpenAI doesn’t have to mean siding with the big IP bosses. Don’t accept that framing.
Their framing of how AI works is grossly inaccurate. I just corrected that.
Well that all doesn’t matter much. If AI is used to cause harm, it should be regulated. If that frustrates you then go get the laws changed that allow shitty companies to ruin good ideas.
I never said anything about leaving ai unregulated. I never said anything about being frustrated. And its likely you asking for laws to be changed, not me.
I’m not even sure you’re responding to my post.
I’d agree, but here’s one issue with that: we live in reality, not in a post-capitalist dreamworld.
Creativity takes up a lot of time from the individual, while a lot of us are already working two or even three jobs, all on top of art. A lot of us have to heavily compromise on a lot of things, or even give up our dreams because we don’t have the time for that. Sure, you get the occasional “legendary metal guitarist practiced so much he even went to the toilet with a guitar”, but many are so tired from their main job, they instead just give up.
Developing game while having a full-time job feels like crunching 24/7, while only around 4 is going towards that goal, which includes work done on my smartphone at my job. Others just outright give up. This shouldn’t be the normal for up and coming artists.
Honestly, that’s why open source AI is such a good thing for small creatives. Hate it or love it, anyone wielding AI with the intention to make new expression will be much more safe and efficient to succeed until they can grow big enough to hire a team with specialists. People often look at those at the top but ignore the things that can grow from the bottom and actually create more creative expression.
One issue is, many open source AI also tries to ape whatever the big ones are doing at the moment, with the most outrageous example is one that generates a timelapse for AI art.
There’s also tools that especially were created with artists in mind, but they’re less popular due to the average person cannot use it as easily as the prompter machines, nor promise the end of “people with fake jobs” (boomers like generative AI for this reason).
That’s why we should look for good solutions to societal problems, and not fall back on bad “solutions” just because that’s what we’re used to. I’m not against the idea of copyright existing. But copyright as it exists today is stifling and counterproductive for most creative endeavors. We do live in reality, but I don’t believe it is the only possible reality. We’re not getting to Star Trek Space Communism™ anytime soon and honestly I like the idea of owning stuff. That doesn’t mean that there aren’t concrete steps we can and should take right now in the present reality to make things better. And for that to happen we need to get our priorities and philosophies straight. Philosophies which for me include a robust public commons, the inability to own ideas outright, and the ability to take and transform art and culture. Otherwise, we’re just falling into the “temporarily embarrassed millionaires” mindset but for art and culture.
You’re not wrong.
The kind of art humanity creates is skewed a lot by the need for it to be marketable, and then sold in order to be worth doing.
But copyright is better than nothing, and this exemption would straight up be even worse than nothing.
It’s an interesting area. Are they suggesting that a human reading copyright material and learning from it is a breach?
Kids pay for books, openAI should also pay for the material access used for training.
OpenAI like other AI companies keep their data sources confidential. But there are services and commercial databases for books that people understand are commonly used in the AI industry.
OpenAI like other AI companies keep their data sources confidential.
“We trained on absolutely everything, but we won’t tell them that because it will get us in a lot of trouble”
That would be true if they used material that was paywalled. But the vast majority of the training information used is publicly available. There’s plenty of freely available books and information that you only require an internet connection for to access, and learn from.
There is an easy answer to this, but it’s not being pursued by AI companies because it’ll make them less money, albeit totally ethically.
Make all LLM models free to use, regardless of sophistication, and be collaborative with sharing the algorithms. They don’t have to be open to everyone, but they can look at requests and grant them on merit without charging for it.
So how do they make money? How goes Google search make money? Advertisements. If you have a good, free product, advertisement space will follow. If it’s impossible to make an AI product while also properly compensating people for training material, then don’t make it a sold product. Use copyright training material freely to offer a free product with no premiums.
The joke is of course that “paying for copyright” is impossible in this case. ONLY the large social media companies that own all the comments and content that has accumulated by the community have enough data to train AI models. Or sites like stock photo libraries or deviantart who own the distribution rights for the content. That means all copyright arguments practically argue that AI should be owned by big corporations and should be inaccessible to normal people.
Basically the “means of generation” will be owned by the capitalists, since they are the only ones with the economic power to license these things.
That is basically the worst case scenario. Not only will the value of work diminish greatly, the advances in productivity will also be only accessible to big capitalists.
Of course, that is basically inevitable anyway. Why wouldn’t they want this? It’s just sad seeing the stupid morons arguing for this as if they had anything to gain.
You drank the kool-aid.
Maybe if OpenAI didn’t suddenly decide not to be open when they got in bed with Micro$oft, they could just make it a community effort. I own a copyrighted work that the AI hasn’t been feed yet, so I loan it as training and you do the same. They could have made it an open initiative. Missed opportunity from a greedy company. Push the boundaries of technology, and we can all reap the rewards.
I don’t think LLMs should be taken down, it would be impossible for that to happen. I do, however think it should be forced into open source.
Here’s an experiment for you to try at home. Ask an AI model a question, copy a sentence or two of what they give back, and paste it into a search engine. The results may surprise you.
And stop comparing AI to humans but then giving AI models more freedom. If I wrote a paper I’d need to cite my sources. Where the fuck are your sources ChatGPT? Oh right, we’re not allowed to see that but you can take whatever you want from us. Sounds fair.
It’s not a breach of copyright or other IP law not to cite sources on your paper.
Getting your paper rejected for lacking sources is also not infringing in your freedom. Being forced to pay damages and delete your paper from any public space would be infringement of your freedom.
I mean, you’re not necessarily wrong. But that doesn’t change the fact that it’s still stealing, which was my point. Just because laws haven’t caught up to it yet doesn’t make it any less of a shitty thing to do.
When I analyze a melody I play on a piano, I see that it reflects the music I heard that day or sometimes, even music I heard and liked years ago.
Having parts similar or a part that is (coincidentally) identical to a part from another song is not stealing and does not infringe upon any law.
You guys are missing a fundamental point. The copyright was created to protect an author for specific amount of time so somebody else doesn’t profit from their work essentially stealing their deserved revenue.
LLM AI was created to do exactly that.
It’s not stealing, its not even ‘piracy’ which also is not stealing.
Copyright laws need to be scaled back, to not criminalize socially accepted behavior, not expand.
The original source material is still there. They just made a copy of it. If you think that’s stealing then online piracy is stealing as well.
Well they make a profit off of it, so yes. I have nothing against piracy, but if you’re reselling it that’s a different story.
But piracy saves you money which is effectively the same as making a profit. Also, it’s not just that they’re selling other people’s work for profit. You’re also paying for the insane amount of computing power it takes to train and run the AI plus salaries of the workers etc.
I’m pretty sure that it’s true that citing sources isn’t really relevant to copyright violation, either you are violating or not. Saying where you copied from doesn’t change anything, but if you are using some ideas with your own analysis and words it isn’t a violation either way.
With music this often ends up in civil court. Pretty sure the same can in theory happen for written texts, but the commercial value of most written texts is not worth the cost of litigation.
Not to fully argue against your point, but I do want to push back on the citations bit. Given the way an LLM is trained, it’s not really close to equivalent to me citing papers researched for a paper. That would be more akin to asking me to cite every piece of written or verbal media I’ve ever encountered as they all contributed in some small way to way that the words were formulated here.
Now, if specific data were injected into the prompt, or maybe if it was fine-tuned on a small subset of highly specific data, I would agree those should be cited as they are being accessed more verbatim. The whole “magic” of LLMs was that it needed to cross a threshold of data, combined with the attentional mechanism, and then the network was pretty suddenly able to maintain coherent sentences structure. It was only with loads of varied data from many different sources that this really emerged.
This is the catch with OPs entire statement about transformation. Their premise is flawed, because the next most likely token is usually the same word the author of a work chose.
And that’s kinda my point. I understand that transformation is totally fine but these LLM literally copy and paste shit. And that’s still if you are comparing AI to people which I think is completely ridiculous. If anything these things are just more complicated search engines with half the usefulness. If I search online about how to change a tire I can find some reliable sources to do so. If I ask AI how to change a tire it would just spit something out that might not even be accurate and I’d have to search again afterwards just to make sure what it told me was even accurate.
It’s just a word calculator based on information stolen from people without their consent. It has no original thought process so it has no way to transform anything. All it can do is copy and paste in different combinations.
Can you just give us the TLDE?
AI Chat bots copy/paste much of their “training data” verbatim.
Though I am not a lawyer by training, I have been involved in such debates personally and professionally for many years. This post is unfortunately misguided. Copyright law makes concessions for education and creativity, including criticism and satire, because we recognize the value of such activities for human development. Debates over the excesses of copyright in the digital age were specifically about humans finding the application of copyright to the internet and all things digital too restrictive for their educational, creative, and yes, also their entertainment needs. So any anti-copyright arguments back then were in the spirit specifically of protecting the average person and public-interest non-profit institutions, such as digital archives and libraries, from big copyright owners who would sue and lobby for total control over every file in their catalogue, sometimes in the process severely limiting human potential.
AI’s ingesting of text and other formats is “learning” in name only, a term borrowed by computer scientists to describe a purely computational process. It does not hold the same value socially or morally as the learning that humans require to function and progress individually and collectively.
AI is not a person (unless we get definitive proof of a conscious AI, or are willing to grant every implementation of a statistical model personhood). Also AI it is not vital to human development and as such one could argue does not need special protections or special treatment to flourish. AI is a product, even more clearly so when it is proprietary and sold as a service.
Unlike past debates over copyright, this is not about protecting the little guy or organizations with a social mission from big corporate interests. It is the opposite. It is about big corporate interests turning human knowledge and creativity into a product they can then use to sell services to - and often to replace in their jobs - the very humans whose content they have ingested.
See, the tables are now turned and it is time to realize that copyright law, for all its faults, has never been only or primarily about protecting large copyright holders. It is also about protecting your average Joe from unauthorized uses of their work. More specifically uses that may cause damage, to the copyright owner or society at large. While a very imperfect mechanism, it is there for a reason, and its application need not be the end of AI. There’s a mechanism for individual copyright owners to grant rights to specific uses: it’s called licensing and should be mandatory in my view for the development of proprietary LLMs at least.
TL;DR: AI is not human, it is a product, one that may augment some tasks productively, but is also often aimed at replacing humans in their jobs - this makes all the difference in how we should balance rights and protections in law.
AI are people, my friend. /s
But, really, I think people should be able to run algorithms on whatever data they want. It’s whether the output is sufficiently different or “transformative” that matters (and other laws like using people’s likeness). Otherwise, I think the laws will get complex and nonsensical once you start adding special cases for “AI.” And I’d bet if new laws are written, they’d be written by lobbiests to further erode the threat of competition (from free software, for instance).
What do you think “ingesting” means if not learning?
Bear in mind that training AI does not involve copying content into its database, so copyright is not an issue. AI is simply predicting the next token /word based on statistics.
You can train AI in a book and it will give you information from the book - information is not copyrightable. You can read a book a talk about its contents on TV - not illegal if you’re a human, should it be illegal if you’re a machine?
There may be moral issues on training on someone’s hard gathered knowledge, but there is no legislature against it. Reading books and using that knowledge to provide information is legal. If you try to outlaw Automating this process by computers, there will be side effects such as search engines will no longer be able to index data.
As someone who researched AI pre-GPT to enhance human creativity and aid in creative workflows, it’s sad for me to see the direction it’s been marketed, but not surprised. I’m personally excited by the tech because I personally see a really positive place for it where the data usage is arguably justified, but we either need to break through the current applications of it which seems more aimed at stock prices and wow-factoring the public instead of using them for what they’re best at.
The whole exciting part of these was that it could convert unstructured inputs into natural language and structured outputs. Translation tasks (broad definition of translation), extracting key data points in unstructured data, language tasks. It’s outstanding for the NLP tasks we struggled with previously, and these tasks are highly transformative or any inputs, it purely relies on structural patterns. I think few people would argue NLP tasks are infringing on the copyright owner.
But I can at least see how moving the direction toward (particularly with MoE approaches) using Q&A data to support generating Q&A outputs, media data to support generating media outputs, using code data to support generating code, this moves toward the territory of affecting sales and using someone’s IP to compete against them. From a technical perspective, I understand how LLMs are not really copying, but the way they are marketed and tuned seems to be more and more intended to use people’s data to compete against them, which is dubious at best.
I wouldn’t say I’m on OAI’s side here, but I’m down to eliminate copyright. New economic models will emerge, especially if more creatives unionize.
