[HN Gopher] The shady world of Brave selling copyrighted data fo...
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       The shady world of Brave selling copyrighted data for AI training
        
       Author : rand0mx1
       Score  : 214 points
       Date   : 2023-07-15 11:59 UTC (11 hours ago)
        
 (HTM) web link (stackdiary.com)
 (TXT) w3m dump (stackdiary.com)
        
       | 6gvONxR4sf7o wrote:
       | > Fair use is a doctrine in the law of the United States that
       | allows limited use of copyrighted material without requiring
       | permission from the rights holders. It provides for the legal,
       | non-licensed citation or incorporation of copyrighted material in
       | another author's work under a four-factor balancing test:
       | 
       | > 1) The purpose and character of the use, including _whether
       | such use is of a commercial nature or is for nonprofit
       | educational purposes_
       | 
       | > 2) The nature of the copyrighted work
       | 
       | > 3) The amount and substantiality of the portion used in
       | relation to the copyrighted work as a whole
       | 
       | > 4) The effect of the use upon the potential market for or value
       | of the copyrighted work
       | 
       | [emphasis from TFA]
       | 
       | HN always talks about derivative work and transformativeness, but
       | never about these. The fourth one especially seems clear in its
       | implications for models.
       | 
       | Regardless, it makes it seem much less clear cut than people here
       | often say.
        
         | flangola7 wrote:
         | Microsoft is gambling on the hope that model training will be
         | ruled fair use. This makes it seem that outcome is unlikely.
        
           | brookst wrote:
           | Do you think a human learning something from reading is fair
           | use? Or are we all copyright violators because reading that
           | article altered our connectomes, and we may recall parts of
           | it later?
        
             | ethanbond wrote:
             | The point being raised is quite specific. Not sure if
             | you're willingly ignoring it or what?
             | 
             | The answer is no, because you reading the article didn't
             | dramatically degrade its market value.
             | 
             | An AI ingesting all content on the internet and then being
             | ultra-effective at frontrunning that content for a large
             | number of future readers _does_ degrade its market value
             | (and subsumes it into the model's value).
        
               | everforward wrote:
               | This applies to so many things, though.
               | 
               | The most obvious parallel to me is YouTube. There are a
               | ton of people ingesting books, then transforming that
               | information into a roughly paraphrased video for people
               | to watch for free (ish). That devalues the books they
               | read and paraphrased, because other people don't need to
               | read them.
               | 
               | Spark Notes devalue actual books in a way, because a lot
               | of high schoolers read those instead of buying the actual
               | book.
               | 
               | Search engines have also supplanted books in large part,
               | because I don't need a whole book to answer a specific
               | question. I don't know anyone that owns an encyclopedia
               | anymore.
               | 
               | This is the next iteration of these processes. Non-novel
               | information's market value has been degrading for decades
               | now. A series of questions that would have cost thousands
               | of dollars in books to answer in the 70's/80's is now
               | free, with or without AI.
        
               | ethanbond wrote:
               | LLMs are attracting so much _positive_ attention because
               | they are likely to be a huge, huge step change
               | improvement than all those methods you mention.
               | 
               | For that _same exact reason_ , it's totally reasonable
               | they're attracting unique amounts of _negative_ attention
               | too.
               | 
               | You can't have it both ways: yes LLMs are going to change
               | information retrieval the way nothing else has before,
               | but no it's actually just like all the other things in
               | terms of their impact on incentive structures.
               | 
               | FWIW I don't really know where I land on this issue. I
               | just find it totally incoherent to believe in the bull
               | case of "this will transform everything" while also
               | portraying it all as par for the course when discussing
               | potential negatives.
               | 
               | Just because Spark Notes didn't obviously manage to kill
               | valuable parts of our information ecosystem and economy
               | does not mean that Spark Notes x 10,000,000 will not.
        
               | cma wrote:
               | > The answer is no, because you reading the article
               | didn't dramatically degrade its market value.
               | 
               | How about if you read a news article to write a competing
               | one rewording and possibly citing it (one of the most
               | common practices in news)?
        
               | ethanbond wrote:
               | How about it? Do you not think it incurs a lot of
               | negative effects?
        
               | [deleted]
        
               | ivalm wrote:
               | I disagree. People learning how to draw does degrade the
               | future value of copyrighted work. Imagine the future
               | where nobody was allowed to learn to draw, existing
               | copyright value would skyrocket!
        
               | ethanbond wrote:
               | Arguments like this are great for getting your side to go
               | "rah rah got 'em" and really, really bad for convincing
               | anyone else.
               | 
               | Legal judgments generally focus on actual impacts rather
               | than quirks that might exist in hypothetical universes.
        
               | tharkun__ wrote:
               | While that may be what your parent intended I'm not
               | entirely sure and there does exist the philosophical
               | level discussion here. Or market economics level I guess.
               | 
               | If your pool of people that can learn about topic X is
               | restricted the outputs or their labor are more expensive.
               | Now lift a continent of billions of people out of
               | poverty, get them access to schooling, safety etc and see
               | the market forces do the rest.
               | 
               | Now equate ChatGPT et al with said billion people. Just
               | that it runs on electricity. If quality is good enough of
               | course. Which is hard to decide right now because of
               | hype.
        
         | civilitty wrote:
         | That's not at all clear to me. IANAL but first of all it's a
         | balancing test, not a bright-line test. The judge could focus
         | on any one factor and make an argument for either side quite
         | easily.
         | 
         | Second, "use" here could mean one of two things: training or
         | inference. It's publishing the results of inference that can
         | lead to actual effects on the market, not the training.
         | 
         | At the end of the day, someone has to prove tangible harm.
        
         | amluto wrote:
         | I would look at #1 here. Crawling the Internet to collect
         | information is one thing. (And people putting text on the web
         | without requiring authentication seem to be granting at least
         | some kind of license to anyone who sends a GET request.). But
         | crawling the Internet (via centralized robots or users'
         | browsers), then storing that data and _charging money to others
         | for rights to that data_ (as Brave seems to be doing, quite
         | explicitly) seems like it deserves a very different evaluation
         | under factor #1.
        
         | bewaretheirs wrote:
         | Unpopular opinion time:
         | 
         | A ML model is clearly a derivative work of its input.
         | 
         | Here's what I think would be fair:
         | 
         | Anyone who holds copyright in something used as part of a
         | training corpus is owed a proportional share of the cash flow
         | resulting from use of the resulting models. (Cash flow, not
         | profits, because it's too easy to use accounting tricks to make
         | profits disappear).
         | 
         | In the case of intermediaries (e.g., social media like reddit &
         | twitter) those intermediaries could take a cut before passing
         | it on to the original authors.
         | 
         | Obviously hellishly difficult to administer so it's unlikely to
         | happen but I don't see a better answer.
        
           | Dylan16807 wrote:
           | > A ML model is clearly a derivative work of its input.
           | 
           | Do you mean this in a copying sense or a mathematical sense?
           | 
           | What if it's only storing 1 byte per input document?
        
           | mattbee wrote:
           | I don't know what a fair settlement would be but I'm looking
           | forward to a copyright-holder suing OpenAI to obtain one.
           | These companies have no value if copyright can be enforced on
           | their training data.
        
             | visarga wrote:
             | I think there are ways around it. The simplest would be to
             | generate replacement data, for example by paraphrasing the
             | original, or summarising, or turning it into question-
             | answer pairs. In this new format it can serve as training
             | data for a clean LLM. Of course the public domain data
             | would be used directly, no need to go synthetic there.
             | 
             | An important direction would be to train copyright
             | attribution models, and diff-models to detect when a work
             | is infringing on another, by direct comparison. They would
             | be useful to filter both the training set and the model
             | outputs.
        
               | mattbee wrote:
               | Would automated paraphrasing not be a derivative work of
               | the original?
        
         | FishInTheWater wrote:
         | The entire fair use claim is derived not from any legal basis,
         | but rather, that "it has to be fair use" because it would be
         | legally catastrophic for OpenAI et al if it weren't true.
         | 
         | If you look at the core argument in favour of fair use, it's
         | that "LLMs do not copy the training data", yet this is
         | obviously false.
         | 
         | For Github copilot and ChatGPT examples of it reciting large
         | sections of training data are well known. Plenty can be found
         | on HN. It doesn't generate a new valid windows serial key on
         | the fly, it's memorized them.
         | 
         | If one wants to be cynical, it's not hard to see OpenAI/etc
         | patching in filters to remove copyrighted content from the
         | output precisely because it's legally catastrophic for their
         | "fair use" claim to have the model spit out copyrighted
         | content. As this is both copyright infringement by itself, and
         | evidence that no matter how the internals of these models work,
         | they store some of the training data anyway.
        
           | twoodfin wrote:
           | It actually doesn't even matter if LLMs reproduce copyrighted
           | data from their training. The issue is that a _human_ copied
           | the data from its source into memory for use in training, and
           | this copy was likely not fair use under cases like _MAI
           | Systems_.
           | 
           | The Supreme Court hasn't ruled on a software case like this,
           | as far as I know. But given the recent 7-2 decision against
           | Andy Warhol's estate for his copying of photographs of
           | Prince, this doesn't seem like a Court that's ready to say
           | copying terabytes of unlicensed material for a commercial
           | purpose is OK.
           | 
           | I'm going to guess this ends with Congress setting up some
           | kind of clearinghouse for copyrighted training material: You
           | opt in to be included, you get fees from OpenAI when they use
           | what you added. This isn't unprecedented: Congress set up
           | special rules and processes for things like music recordings
           | repeatedly over the years.
           | 
           | https://scholarship.law.edu/cgi/viewcontent.cgi?referer=&htt.
           | ..
        
             | gyudin wrote:
             | So how is that supposed to work with people sending it
             | legally obtained copyrighted materials for an analyze?
        
               | twoodfin wrote:
               | That copy (the "send") would be evaluated under the same
               | fair use criteria.
               | 
               | "Write a review of this short story: ..." - probably
               | fine.
               | 
               | "Rewrite this short story to have a happier ending: ..."
               | - probably not.
        
             | luma wrote:
             | How does that align with Google Books scanning libraries
             | full of copyrighted text, offering full reproductions of
             | sections of the work, and then having the supreme court
             | declare it all to be Fair Use? I think that is a far more
             | relevant precedent here: https://en.m.wikipedia.org/wiki/Au
             | thors_Guild,_Inc._v._Googl....
        
               | 6gvONxR4sf7o wrote:
               | Google also bought copies of each book, I believe, which
               | makes it another step removed from standard ML practice.
        
               | twoodfin wrote:
               | The Supreme Court declined to hear the case on appeal,
               | which is a shade different from endorsing the decision
               | after a hearing.
               | 
               | That being said, it doesn't take a lot of effort to
               | differentiate these cases. Google was indexing
               | copyrighted works and providing access to limited
               | extracts. They weren't transforming them into new works
               | and then selling access to those new works over APIs.
        
               | luma wrote:
               | OpenAI is also providing access to limited extracts.
               | Google wasn't selling this over an API, they were
               | providing "free" access to it while displaying ads to the
               | user. Would the courts see this manner of monetization to
               | be different enough that settled case law wouldn't apply?
        
           | kmeisthax wrote:
           | OpenAI's bias research on DALL-E revealed that most examples
           | of regurgitation come from repeated copies of the same image
           | in the training set. When they filtered out duplicates,
           | DALL-E stopped drawing training examples.
           | 
           | The problem is that filtering the training set is naively
           | O(n^2) and n is already extremely large for DALL-E. For LLMs,
           | it's comically huge, plus now you have to do substring
           | search. I've yet to hear OpenAI talk about training set
           | deduplication in the context of LLMs.
           | 
           | As for the legal basis... nobody's ruled on AI training sets
           | in the US. Even the Google Books case that I've heard cited
           | in the past (even by myself) really only talks about
           | searching a large corpus of text. If OpenAI's GPT models were
           | really just a powerful search engine and not intelligent at
           | all, they'd actually be more legally protected.
           | 
           | My money's still on "training is fair use", but that actually
           | doesn't help OpenAI all that much either, because fair use is
           | not transitive. Right now, such a ruling would mean that
           | using AI art is Russian roulette: if your model regurgitates,
           | the outputs are still infringing, even if the model is fair
           | use. Novel outputs aren't entirely safe, though. A judge
           | willing to commit the Butlerian Jihad[0] might even say that
           | regurgitation _does not matter_ and that all AI outputs are
           | derivative works of the entire training set[1].
           | 
           | This logic would also apply in the EU. Last I checked the TDM
           | exception only said training is legal, not that you could
           | sell the outputs. They don't really respect jurisprudence the
           | way the Anglosphere obsesses over "precedent", so copyright
           | exceptions are almost always decided by legislatures and not
           | judges over there, and the likelihood of a judge saying that
           | all outputs are derivative works of the training set
           | regardless of regurgitation is higher.
           | 
           | [0] In the sci-fi novel Dune, the Butlerian Jihad is a
           | galaxy-wide purge of all computer technology for reasons that
           | are _surprisingly pertinent_ to the AI art debate.
           | 
           | Yes, this is also why /r/Dune banned AI art. No, I have not
           | read Dune.
           | 
           | [1] If the opinion was worded poorly this would mean that
           | even human artists taking inspiration to produce legally
           | distinct works would be violating copyright. The idea-
           | expression divide would be entirely overthrown in favor of a
           | dictatorship of the creative proletariat.
           | 
           | [2] "Music and Film Industry Association of America" - an
           | abbreviation coined for an April Fools joke article about the
           | MPAA and RIAA merging together.
        
             | 6gvONxR4sf7o wrote:
             | > The problem is that filtering the training set is naively
             | O(n^2)
             | 
             | There are standard ways to do it that are O(n), FYI.
        
             | richk449 wrote:
             | > A judge willing to commit the Butlerian Jihad[0] might
             | even say that regurgitation does not matter and that all AI
             | outputs are derivative works of the entire training set[1].
             | 
             | A judge can't "commit" the butlierian jihad. A jihad is a
             | mass event caused by some fraction of the population
             | believing in some cause.
             | 
             | Which kinda gets to a point that seems to be missed.
             | Copyright law is not "intrinsic" - nobody thinks that
             | copyright is a natural law - it is just a pragmatic
             | implementation which balances various public and private
             | goods. If the world changes such that the law no longer
             | does a good job of balancing the various goods, then either
             | the law will get changed or people will ignore the law.
        
               | kmeisthax wrote:
               | Copyright is a unique case in which the law represents a
               | bargain struck in the 1970s that hasn't been updated
               | since. Everyone ignores it because it's nearly impossible
               | to actually enforce copyright on individual infringers.
               | But that doesn't mean copyright is meaningless: any
               | activity which is large enough to be _legible_ [0] to the
               | state _will_ be forced to bend itself to fit within the
               | copyright bargain.
               | 
               | And AI training is _extremely_ legible. This is not like
               | a bunch of people downloading stuff off BitTorrent. All
               | of the large foundation models we use were trained by a
               | large corporation with a source of venture capital
               | funding which could be easily shut off by a sufficiently
               | motivated government. Weights-available and liberally
               | licensed models exist, but most improvements on them are
               | _fine-tuning_. Anonymous individuals can fine-tune an LLM
               | or art generator with a small amount of data and compute,
               | but they cannot make meaningful improvements on the state
               | of the art.
               | 
               | So our sufficiently motivated copyright judge could at
               | least effectively freeze AI art in time until Big Tech
               | and the MAFIAA agree on how to properly split the
               | proceeds from screwing over individual artists.
               | 
               | "Butlerian Jihad" is a term from a book, so you don't
               | need to take "jihad" literally. However, I will point out
               | that there is a significant fraction of the population
               | that does want to see AI permanently banned from creative
               | endeavors. The loss of ownership over their work from
               | having it be in the training set is a factor, but their
               | main argument is that they specifically want to keep
               | their current jobs as they are. They do not want to be
               | replaced with AI, nor do they want to replace their
               | existing drawing work with SEO keyword stuffed text-to-
               | image prompts.
               | 
               | [0] https://en.wikipedia.org/wiki/Seeing_Like_a_State
        
       | lern_too_spel wrote:
       | Brave continues to be shady. They claim to respect robots.txt but
       | don't identify their crawler if you want to block it.
       | 
       | > They don't mention their crawler anywhere in their docs,
       | either. So, if you wanted to block Brave from crawling and
       | indexing and ultimately selling your content to third parties,
       | your only option for the time being would be to block all
       | crawlers, which is how Brave would be able to "respect
       | robots.txt".
        
       | lopatin wrote:
       | Why use brave if my info is already being leaked by third
       | parties? E.g. experian. Is it worth the inconvenience and their
       | repeated tricky attempts at monetizing their security conscious
       | niche? Not being facetious, just a real question from a non
       | security conscious person.
        
         | soundnote wrote:
         | You get degoogled Chromium with e2ee bookmarks etc. sync and a
         | lot of nice convenience features like vertical tabs and mobile
         | background video playback.
         | 
         | And if it's your cup of tea, they let you straight up pay money
         | for the search engine.
        
         | asynchronous wrote:
         | It's built in Ad blocker and other features are heads and tails
         | above anything else I've used before, personally.
        
       | kodah wrote:
       | Unpopular opinion: the next iteration of privacy laws needs to
       | factor in AI. If AI is allowed to slurp up PII or derogative
       | works and the people defending it defend it with the zeal of
       | cryptobros then we're in for a decade of real pain in terms of
       | both copyright law, PII, and IP exposure.
        
         | FishInTheWater wrote:
         | The fun part is that the GDPR already does. The answer is _you
         | 're not allowed to use personal data for AI_. (And "personal
         | data" here covers things like _all public social media posts_ )
         | 
         | Facebook recently got told by the CJEU that, no, they can't use
         | people's posts to target advertisements. Even if those ads are
         | what's paying for the platform. That you can't claim such
         | processing as "part of the contract" unless it is absolutely
         | necessary in the same way the post office needs an address to
         | send a parcel.
         | 
         | If Facebook can't even do that, there is no way LLMs will be
         | allowed. (And remember. The GDPR does not care if your system
         | doesn't distribute personal data. Any kind of processing at all
         | falls under the GDPR's requirements)
         | 
         | OpenAI is already being chased by the EU's privacy agencies.
         | Right now they're in the process of asking pointed questions,
         | things will heat up after that.
        
           | BeFlatXIII wrote:
           | End result: EU AI enjoyers use a VPN plus a US-based credit
           | card borrowed from a friend.
        
         | asynchronous wrote:
         | AI is going to do that irregardless- the debate is essentially
         | going to revolve around how and what people can make new
         | commercial works from that data.
        
       | k__ wrote:
       | The websites a Brave user browses are anonymously relayed to
       | their servers for indexing/training. So, they crawl the web
       | without a crawler and the website operators can't do anything
       | about it.
       | 
       | That's genius!
        
         | jonathansampson wrote:
         | I'm Sampson, from the Brave team. The Web Discovery Project is
         | a clever approach. For Brave to compete with Google, and offer
         | a truly novel index of the Web, a novel approach must be taken.
         | The WDP is an opt-in, privacy-preserving approach which gives
         | Brave a fighting chance against the Search incumbants. Due to
         | our preference of "Can't be evil" over "Don't be evil," the WDP
         | is not only designed with privacy and anonymity as a
         | prerequisite, but it is also open-source for public scrutiny
         | and evaluation: https://github.com/brave/web-discovery-project.
        
           | [deleted]
        
           | k__ wrote:
           | .es?
        
       | ricardo81 wrote:
       | My entirely biased opinion is https://www.mojeek.com/ - a
       | traditional search engine crawler (as in, follow links on the
       | web) that identifies its user agent. Dead Simple.
        
       | niemandhier wrote:
       | This discussion on fair use are always quite anglocentric.
       | 
       | Atricle 3 and 4 of the EU 'Copyright in the Digital Single
       | Market' give data miners quite extensive rights.
       | 
       | Move operation to the EU, train a foundational model, than train
       | a constitutional model based on that.
       | 
       | As much as I hate the upcoming AI regulation, the CDSM is solid.
       | 
       | https://academic.oup.com/grurint/article/71/8/685/6650009
       | https://eur-lex.europa.eu/eli/dir/2019/790/oj
       | 
       | Update: Fixed wrong link
        
         | pedrocr wrote:
         | It's not clear that "data mining" covers this use. These models
         | are huge, big enough that they can just contain direct copies
         | of copyrighted works. They've been shown to reproduce them
         | relatively easily. The argument is that they've actually
         | generalized enough or learned enough that they're now no longer
         | the sum of the dataset. I can definitely see that being
         | possible but the way the technology works it's really hard to
         | know if that has happened or if what's happening instead is a
         | bunch of copyright washing.
         | 
         | There are some things that would make for good faith displays
         | by the players in the space. For example, Microsoft has been
         | investing a lot and yet their code offering is not trained on
         | their internal code base. Same for Google. Start by doing that
         | and I'll entertain the argument that your tools are fair use or
         | data mining.
        
           | niemandhier wrote:
           | My reading of the relevant laws would actually lead me to
           | believe that this is not a problem, as long as those
           | reproductions are not returned and the eights holder did not
           | opt out. But courts might decide differently.
           | 
           | Regarding the copyright of returned material here is a good
           | discussion:
           | 
           | https://copyrightblog.kluweriplaw.com/2023/05/09/generative-.
           | ..
        
             | JumpCrisscross wrote:
             | > _as long as those reproductions are not returned_
             | 
             | That's the author's entire gripe. Brave reproduced a
             | Wikipedia entry without attribution and then slapped a
             | copyright on it to boot.
        
             | pedrocr wrote:
             | That's clearly not enough. There's a continuum between
             | producing exact input copy and having genuine creativity
             | because the model actually learned something. A model that
             | just reformats code and changes all the variable names
             | would pass your test and yet be clearly a copyright
             | violation. This whole argument requires that the neural
             | network weights do something creative because they learned
             | from the code instead of just transforming it. We're even
             | careful about this with humans with things like clean room
             | reimplementations to make sure.
        
       | hartator wrote:
       | > Simply observe the event in which a user does a query q in
       | Brave and then, within one hour, does the same query on a
       | different search engine. What we do is to move the script that
       | detects bad-queries to the browser, run it against the queries
       | that the user does in real-time and then, when all conditions are
       | met, send the following data back to our servers.
       | 
       | Wait. Brave browser sends back to Brave Search engine about your
       | browsing? Other search engines usage, but also crawl pages on
       | your computer to help build their search index?
       | 
       | Ref: https://github.com/brave/web-discovery-
       | project/blob/main/mod...
        
         | w0ts0n wrote:
         | This is (importantly) opt-in.
         | 
         | "Brave doesn't follow the sneaky practices of other big tech
         | search engines. The Web Discovery Project is opt-in, and the
         | data collected under the Web Discovery Project has specific
         | protections to ensure anonymity." per
         | https://support.brave.com/hc/en-us/articles/4409406835469-Wh...
        
         | drusepth wrote:
         | This specific feature is already opt-in, but historically the
         | answer has always been "yes" for dozens of 'features' like this
         | that fly under the radar until users start complaining, and
         | then eventually get converted to opt-in or removed in order to
         | save face.
        
         | 411111111111111 wrote:
         | It's always surprising to me when I hear people using the brave
         | browser... It's by a company that initially tried to replace
         | their blocked ads with their own "safe and non-intrusive" ads
         | as far as I remember, until they backpaddled because of the
         | outrage.
         | 
         | It's also a for-profit company and you're not the customer, as
         | you're not paying them money.
         | 
         | I'd be way more worried how they're using the data they're
         | collecting on you vs Google or MS
        
           | 2Gkashmiri wrote:
           | We have these cropping up like ants.
           | 
           | Mullvad
           | 
           | Brave
           | 
           | Opera
           | 
           | Vivaldi
           | 
           | Microsoft
           | 
           | Heck zoho is in on a browser now
           | 
           | What net gain does each of these companies provide over
           | skinning chromium that isn't in Firefox?
           | 
           | Last time I asked brave fanboys why they don't redskin
           | Firefox and the response was "Firefox is pita to build" all
           | the while we have projects like palemoon and waterfox that
           | are hobby projects. If they can work with firefox, so could
           | someone else but no
        
             | ArclightMat wrote:
             | Mullvad is actually a Firefox fork and it directly uses
             | Tor's privacy enhancements[0] to Firefox for a private web
             | browsing experience. As a matter of fact, it really looks
             | like Tor Browser but with a VPN baked in instead of Tor.
             | 
             | [0] https://mullvad.net/en/browser
        
             | soundnote wrote:
             | Brave literally started on Gecko.
        
               | 2Gkashmiri wrote:
               | Is brave currently forking chromium or not?
               | 
               | By your logic, opera was having their own engine till
               | 2013. So what?
        
             | throwawayadvsec wrote:
             | opera offers a free vpn and builtin adblocker
             | 
             | i would use it daily if the UI/UX was better, or more
             | similar to firefox
        
               | Timber-6539 wrote:
               | If am not wrong, Opera is owned by some Chinese company
               | and they are known for doing some really shady stuff
               | [0][1] in African countries.
               | 
               | [0] https://blogs.opera.com/africa/2022/05/free-data-
               | with-opera-...
               | 
               | [1] https://www.androidpolice.com/2020/01/21/opera-
               | predatory-loa...
        
               | KORraN wrote:
               | True, right now lots of folks from the original Opera
               | team (including CEO) work on Vivaldi. If one day Mozilla
               | forces me to ditch Firefox, I will probably switch to
               | this browser.
        
             | rglullis wrote:
             | Have you worked in _any_ project that required a forked
             | browser?
             | 
             | I did. When we folded less than two years later, one of the
             | CTOs biggest stated regrets was that he went with Firefox
             | instead of Chromium. The extension story in Firefox was
             | easily 10x harder. Interfacing with the OS as well. Getting
             | dbus services to work was a fool's errand.
        
               | 2Gkashmiri wrote:
               | Cool so your company folded but as I said, palemoon and
               | waterfox seem to be running just fine.
               | 
               | Thunderbird also works.
               | 
               | I happen to own a brwoser extension and have both
               | chromium and Firefox extensions. I kinda know myself.
        
               | rglullis wrote:
               | > palemoon and waterfox seem to be running just fine.
               | 
               | GNU/Hurd is also a very interesting alternative OS, the
               | design is a lot more elegant than GNU/Linux, it's still
               | under active development and it has a surprising number
               | of active users.
               | 
               | It's still a very bad idea to build the foundation of
               | your tech stack on it.
        
           | cempaka wrote:
           | > _I 'd be way more worried how they're using the data
           | they're collecting on you vs Google or MS_
           | 
           | Why? They don't even have access to my emails and texts like
           | those other companies do. I also don't see the names of their
           | top executives and founders showing up in articles about
           | connections to Jeffrey Epstein every few months.
        
           | nicce wrote:
           | People still like to defend Brave when it gets caught on
           | shady things over and over again. I guess there are no too
           | many other options. For some people it is already too
           | difficult to install uBlock or know its existence.
        
             | lalaland1125 wrote:
             | It's because a lot of people are bought into BAT (Brave's
             | cryptocurrency) and have a strong financial incentive to
             | shill Brave.
        
               | DaSHacka wrote:
               | BAT gives like no money, especially after the crypto
               | crash. Its far more likely its just the browser wars of
               | old, but with even less options to choose from people are
               | going to be more adamant their choice is the best.
        
               | tokai wrote:
               | Ah that makes sense why brave fans post a bit like
               | cryptobros.
        
               | boondoggle16 wrote:
               | I do not use BAT or any crypto. Brave just works, and it
               | blocks ads automatically when I tell friends to install
               | it on their computers.
               | 
               | I used to recommend Firefox, but Mozilla has totally
               | jumped the shark (privacy violations [multiple], wastes
               | too much money, blocks APIs that are useful with no real
               | security risks while approving APIs with little use that
               | do have security risks, etc, very user hostile).
               | 
               | Chromium is obviously not trustworthy at this point, let
               | alone Chrome. So that leaves like, Safari and Opera?
               | 
               | Brendan Eich is the CEO of Brave, and I trust him.
               | Mozilla was good until he was ousted for political
               | reasons.
        
               | nicce wrote:
               | > Chromium is obviously not trustworthy at this point,
               | let alone Chrome. So that leaves like, Safari and Opera
               | 
               | Brave is like 99% of Chromium + uBlock...
        
               | boondoggle16 wrote:
               | Right, I should have said "the main Chromium branch is
               | obviously not trustworthy". It is possible to remove the
               | untrustworthy bits, however, and there are a variety of
               | de-googled Chromium builds.
               | 
               | Chromium is a great browser, unfortunately the official
               | branch has been poisoned by Google.
        
           | rglullis wrote:
           | You are a victim of the Mandella effect. There never was
           | anything related to replacing ads in-page, yet if you ask all
           | detractors what they don't like about it, that's the first
           | point they bring up.
        
             | impissedoff1 wrote:
             | I think some initial news articles claimed this and
             | everyone went with it. Which is basically how it worked,
             | replacing ads, but in a different way, and actually more
             | annoying.. block everyone else's ads...and have their own
             | little popup ads, and if you enabled that, you'd get paid
             | in BAT tokens per view too.
        
             | mtlmtlmtlmtl wrote:
             | As a detractor and therefore a part of the set "all
             | detractors", I do not believe this. I just don't buy their
             | shady marketing and try not to support engine monoculture.
        
             | lalaland1125 wrote:
             | They don't replace ads in-page, but they do something very
             | very similar.
             | 
             | They block the in-page ads and instead provide their own
             | ads through popup notifications.
             | 
             | So they are replacing advertisements on websites.
        
               | rglullis wrote:
               | Every time this comes up, the argument is the same.
               | People always forget:
               | 
               | - The ad blocker works separately from their own ad
               | service.
               | 
               | - Their own ads are opt-in.
               | 
               | - People _receive_ 70% of the revenue from the ads they
               | see.
               | 
               | - The ads from Brave do not track you and whatever
               | personalisation happens in-device, no data is mined.
               | 
               | So, no. They are not "replacing" anything. They are not
               | stealing anyone's revenue (and no matter how much Linus
               | from LTT argues, he is not entitled to any revenue just
               | because I watched any of his videos) and Brave's own ads
               | are from deals that they closed themselves and a
               | essentially fraud-proof compared with whatever payouts
               | are given by largest ad networks.
               | 
               | In other words, they are just offering something that
               | happens to be infinitely more user-focused than the
               | status quo. Every attempt at framing this as unethical
               | came from an uninformed or biased source.
        
             | tokai wrote:
             | Seems you're wrong. Here's an archive link to Braves page
             | in '16 were their planned add replacement is explained:
             | 
             | https://archive.md/W0k4j
        
               | lalaland1125 wrote:
               | One minor note: they made a slight change in plans from
               | that initial design.
               | 
               | How it works now is that when Brave replaces an ad, they
               | put the new ad in a popup, not in-page
        
               | rglullis wrote:
               | Correct. I've been using Brave since their very first
               | versions on the desktop, and there never was any in-page
               | ad insertion.
               | 
               | The one type of in-page modification they used to do is
               | that they would add a "tip" button to the content creator
               | of some social networks like Twitter or reddit. That had
               | nothing to do with "replacing ads" though.
               | 
               | > replaces an ad, they put the new ad in a popup
               | 
               | Incorrect. There is no 1:1 replacement. You as the user
               | can define how often you want to receive notifications,
               | and even then the notifications only come when you are
               | switching context between any action. It won't interrupt
               | you while you are watching a video, working on google doc
               | spreadsheet or reading though HN.
        
               | 411111111111111 wrote:
               | You're responding to a comment that gave you a link to
               | their inital plan, which was literally replacing the ads.
               | 
               | click on it, your horizon might be broadened by the added
               | knowledge.
        
               | Dylan16807 wrote:
               | That was their original plan, yes.
               | 
               | lalaland1125 is making claims about what they actually
               | did, and those claims are not correct.
        
               | Dylan16807 wrote:
               | "replaces an ad, they put the new ad"
               | 
               | That's not how it works. If you turn on Brave ads, they
               | show up every once in a while, completely independently
               | of webpage ads. And they work whether your ad blocker is
               | on or off.
        
         | jrmg wrote:
         | If you don't trust Brave then, yeah, they could be doing
         | anything in the browser or on their servers - but that snippet
         | you quoted is a slightly out of context statement from a big
         | document about how they collect data like this, but _don't_
         | collect or store it in a way that they could associate it with
         | a user.
         | 
         | If you don't trust that they're doing what they say they are,
         | then the document doesn't mean anything. Although that would
         | also mean the quote is kind of meaningless...
        
           | hartator wrote:
           | The rest of the document is worst. They say they are using
           | your computer to crawl pages you visit and report back to
           | their server. Even Google doesn't do that.
        
             | yjftsjthsd-h wrote:
             | > Even Google doesn't do that
             | 
             | At least Bing did, though.
             | https://news.ycombinator.com/item?id=2169793
        
             | w0ts0n wrote:
             | This is opt-in only. https://support.brave.com/hc/en-
             | us/articles/4409406835469-Wh...
        
               | [deleted]
        
           | mx20 wrote:
           | How do they detect if someone poisons their data, if they not
           | at least associate IP addresses to the data?
        
       | verisimi wrote:
       | How long until IP works its way onto ai training data or ais
       | themselves? Ie that for some specific instance, the training is
       | intentionally wrong, so as to check and prove that there has been
       | a breach of IP.
        
         | homeless_engi wrote:
         | Do you mean like trap streets? Seems like a good idea for model
         | makers
         | 
         | https://en.wikipedia.org/wiki/Trap_street
        
           | lacrimacida wrote:
           | Yeah, something like that may be already happening and
           | various actors building their cases as we speak.
        
         | DesktopMonitor wrote:
         | While not intentionally wrong, Van Halen's brown M&M's rider
         | comes to mind as an example of a similar measure.
        
         | the8472 wrote:
         | Depends, how do you distinguish humans acquiring knowledge by
         | ingesting copyrighted content vs. a human using an AI that
         | ingested copyrighted content?
        
           | JumpCrisscross wrote:
           | > _how do you distinguish humans acquiring knowledge by
           | ingesting copyrighted content vs. a human using an AI that
           | ingested copyrighted content_
           | 
           | Doesn't matter when the content is reproduced verbatim, as
           | Brave is doing. If I memorise your content and then repeat it
           | as my own, I'm not somehow off the hook for copyright
           | violation and plagiarism.
        
       | throwaway72762 wrote:
       | I think this title is overstated. It seems like Brave is trying
       | to do the right thing here vs other companies that don't even
       | make the attempt. (Also, crawling as a service has been a thing
       | for a while.)
        
         | jsnell wrote:
         | > It seems like Brave is trying to do the right thing here vs
         | other companies that don't even make the attempt
         | 
         | I feel like I'm missing something. What the article claims
         | they're doing is:
         | 
         | 1. Misrepresenting what rights they have, and selling access to
         | those rights.
         | 
         | 2. Stealth-crawling the web, hiding from the webmasters just
         | how much Brave is crawling their site, and making it impossible
         | to block just their crawler.
         | 
         | How is either of these the right thing? I mean, for somebody
         | besides Brave. What "attempt" are they making that other
         | companies aren't?
        
           | woah wrote:
           | Is there something wrong with accessing information that
           | someone has posted for public access?
        
             | theamk wrote:
             | Yes. Legalities aside, stripping attribution (author names)
             | from contents which specifically requires keeping it, it a
             | really shitty thing to do.
             | 
             | (The fact that they include original URL does not change
             | much, given that they explicitly market it as "Data for AI"
             | and those systems never have attribution)
        
             | JumpCrisscross wrote:
             | > _Is there something wrong with accessing information that
             | someone has posted for public access?_
             | 
             | The Wikipedia example is glaring. They're scraping content,
             | stripping attribution and reselling it with a right to lock
             | it down in a way that is not allowed by the original
             | license.
             | 
             | Brave is laundering copyleft content while lying to their
             | customers by selling a license they can't give. If you'd
             | like, you can sidestep the morality of copyright entirely
             | and focus on the plagiarism and fraud.
        
           | throwaway72762 wrote:
           | I think the first one seems to be a case where Brave just has
           | incomplete information about licensing so for the Wikipedia
           | data and other CCthey need to provide a link.
           | 
           | The second doesn't seem like a problem to me as long as they
           | respect robots.txt
        
             | jsnell wrote:
             | You didn't actually answer the question, at best you've
             | sidestepped it by claiming that the dodgy shit is either by
             | accident, or really not that bad. Maybe so.
             | 
             | But your original claim wasn't just "Brave are technically
             | not doing anything illegal" or "they're no worse than the
             | others". It was praising them for being _better_ than the
             | others, that they 're the only ones trying to do the right
             | thing. And for these example it's just not true, they're
             | outright worse than the industry standard.
             | 
             | So, to repeat, what makes you think that "Brave is trying
             | to do the right thing while other companies aren't even
             | attempting"?
        
             | skilled wrote:
             | I think you're missing the point. This is one example that
             | uses a specific license, there are countless other
             | licenses.
             | 
             | And you don't seem to have read the article either, because
             | clearly it was explained that they don't respect robots.txt
             | because they have no user-agent.
        
       | isodev wrote:
       | I firmly believe that corps like these don't deserve the benefit
       | of the doubt. Google, Brave and really anyone big enough to allow
       | themselves to do bad things and get away with it must adhere to a
       | standard where they proactively show their stuff doesn't have
       | malicious intents.
        
         | sourcecodeplz wrote:
         | As always, if the product is free, you are the product...
        
           | isykt wrote:
           | "Although the saying tells us "If it's free, then you are the
           | product," that is also incorrect. We are the sources of
           | surveillance capitalism's crucial surplus: the objects of a
           | technologically advanced and increasingly inescapable raw-
           | material-extraction operation. Surveillance capitalism's
           | actual customers are the enterprises that trade in its
           | markets for future behavior."
           | 
           | Excerpt From The Age of Surveillance Capitalism Shoshana
           | Zuboff
        
           | woah wrote:
           | Did you read the article? This is about a paid web crawling
           | api that the author thinks is too good or something. Nothing
           | about a free product
        
       | xp84 wrote:
       | From article:
       | 
       | > without any worry for copyright infringement because Brave acts
       | as a middleman.
       | 
       | This isn't how law works. Unless Brave is explicitly indemnifying
       | all their customers (which their lawyers would have to be
       | _insane_ to let them do), any trouble you could get in, is going
       | to be 100% your problem. Pointing the finger at Brave could
       | theoretically get them in trouble too, but would in no way let
       | you off the hook.
        
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