[HN Gopher] Things are about to get worse for generative AI
       ___________________________________________________________________
        
       Things are about to get worse for generative AI
        
       Author : eddyzh
       Score  : 349 points
       Date   : 2023-12-30 10:17 UTC (12 hours ago)
        
 (HTM) web link (garymarcus.substack.com)
 (TXT) w3m dump (garymarcus.substack.com)
        
       | Baldbvrhunter wrote:
       | I imagine the argument might be like this:
       | 
       | I hire a session musician to play on my new single, paying him
       | $100. I record the whole session.
       | 
       | I ask him to play the opening to "Stairway to Heaven" and he does
       | so.
       | 
       | "Well, I can't use that as a sample without paying"
       | 
       | "Ok play something like Jimmy Page"
       | 
       | "Hmm, still sounds like Stairway to Heaven"
       | 
       | "Ok, try and sound less like Stairway to Heaven but in that
       | style"
       | 
       | "Great, I'll use that one"
       | 
       | and I release my song and get $5,000 in royalties.
       | 
       | Should I be sued for infringement, or the guitarist?
       | 
       | The problem, I suppose, is that if I had said "play something
       | like 70s prog rock" and he played "Stairway to Heaven" and I
       | didn't know what it was and said "great, I'll use that".
       | 
       | Should I be sued for infringement, or the guitarist?
        
         | earthnail wrote:
         | You are sued for infringement if you are the rightsholder. You
         | need an agreement with the guitarist about rights. The default
         | agreement for session musicians is that you pay them in return
         | for their rights.
         | 
         | It's like a software engineering contractor. The contractor
         | gets paid, the IP of their work is owned by the company.
        
         | foobazgt wrote:
         | But it's not like that. Examples of clearly infringing prompts
         | in TFA were as vague as "animated plumber".
         | 
         | Asking your session musician for something "melancholy" and
         | having them pass off Stairway to Heaven as original would be
         | unreasonable.
        
           | anonzzzies wrote:
           | I don't know any other animated plumbers than Mario. So when
           | you say animated plumber, I immediately see Mario in my head.
        
           | IshKebab wrote:
           | If you ask a _human_ to draw  "videogame plumber" they will
           | correctly infer that you mean Mario and draw that.
           | 
           | The model isn't doing anything deliberately evil. It's doing
           | exactly what it has been asked.
           | 
           | The problem is people are expecting it to have detailed
           | knowledge of trademark law and avoid infringing trademarks,
           | which it hasn't been even asked to do.
        
             | DeepSeaTortoise wrote:
             | > The problem is people are expecting it to have detailed
             | knowledge of trademark law and avoid infringing trademarks,
             | which it hasn't been even asked to do.
             | 
             | IMO that's why there will be but few effective legal
             | restrictions placed on AI.
             | 
             | Once you can reliably ask AIs to draft you terms of service
             | in all applicable jurisdictions and languages, ask it to
             | consult you on how to incorporate in country X or ask it to
             | draft a contract between your and another company based on
             | the negotiation results, lawyers will end up in a huge
             | existential crisis.
             | 
             | Especially because currently, as long as lawyers just
             | barely meet their legal deadlines, it is basically
             | impossible to hold them accountable for however badly they
             | screw you over. A decent AI model could turn out to be a
             | much safer bet than whatever lawyers are available on the
             | jobmarket.
        
             | Baldbvrhunter wrote:
             | I cannot find _any other_ video game plumbers except Mario,
             | Luigi, Waluigi, and Wario.
             | 
             | Well, I say that but there is John, a plumber, in the adult
             | romantic comedy game _Plumbers Don 't Wear Ties_ [0]. Named
             | by PC Gamer as number one on its "Must NOT Buy" list in May
             | 2007.
             | 
             | [0] https://limitedrungames.com/collections/plumbers-dont-
             | wear-t...
        
           | hhjinks wrote:
           | Game plumber, not animated plumber. There is only one game
           | plumber of note. It's literally exactly as descriptive as
           | just saying Nintendo's Mario.
        
           | redcobra762 wrote:
           | It's not infringing just by existing, you would need to then
           | go try to use it commercially for infringement to occur.
           | 
           | Arguably, the LLM generating the image isn't infringement,
           | you using it would be.
        
         | kredd wrote:
         | You, because you released the song and took the royalties? I
         | don't think every type of art can be compared against each
         | other though, as there have been numerous precedents
         | specifically for music, some for paintings, and some for
         | photography with their own nuances.
         | 
         | I still think people who are concerned that art related
         | copyright will stifle generative AI should fight copyright laws
         | directly. But that's a harder pill to swallow since it will
         | cause multi-industry wide havoc.
        
           | atq2119 wrote:
           | Part of what's interesting here is that generative AI makes
           | it very easy to _unknowingly_ and _unintentionally_ get on
           | the wrong side of copyright law, which is something that wasn
           | 't really possible before.
           | 
           | That's something which, IMHO, should be acknowledged by the
           | law.
        
             | Baldbvrhunter wrote:
             | Ask George Harrison about "My Sweet Lord" which cost him
             | $587,000 for his unconcious infringement.
        
             | kredd wrote:
             | If you haven't seen Mickey Mouse, Googled "cartoon mouse",
             | accidentally used it as inspiration, made T-Shirts, and
             | sold them, Disney would be after you as well.
        
         | moron4hire wrote:
         | In your example, there are missing details. Who owns the
         | output? The way you've described it, that would typically mean
         | that the guitarist is creating a "work for hire" so the
         | ownership transfers to you, but that's a contract detail that
         | would need to be resolved.
         | 
         | For whoever owns the output also owns the liability of the
         | output. You yourself might separately be able to pursue a claim
         | against the guitarist for breech of contract. In the process of
         | that, it might get discovered that you deliberately instructed
         | the guitarist to copy the work, or they copied despite your
         | instructions not to.
         | 
         | But that doesn't change the fact that the final work is
         | infringing. It just allows you to pursue damages that could
         | potentially offset any damages you're liable for from the
         | infringement.
         | 
         | But this also isn't exactly the same situation as OpenAI.
         | OpenAI isn't an individual creator working on contact for you.
         | Even if their ToS ultimately assigns copyright of output to
         | you, there is a matter of scale involved that I think changes
         | things. It's one thing if your guitarist damages you by doing
         | shoddy work, it's another of the guitarist systematizes and
         | scales their shoddy work to damage large numbers of people.
         | Perhaps that would then become a class action issue.
        
           | Baldbvrhunter wrote:
           | Midjourney's TOS
           | 
           | > You may not use the Service to try to violate the
           | intellectual property rights of others, including copyright,
           | patent, or trademark rights. Doing so may subject you to
           | penalties including legal action or a permanent ban from the
           | Service.
           | 
           | Perplexity's
           | 
           | > Intellectual Property Rights
           | 
           | > Perplexity AI acknowledges and respects the intellectual
           | property rights of all individuals and entities, and expects
           | all users of the Service to do the same. As a user of the
           | Service, you are granted access for your own personal, non-
           | commercial use only.
        
             | moron4hire wrote:
             | Yeah, that's nice and all, but it's not what we're talking
             | about. These passages are about deliberately using the tool
             | to violate copyright. What if, in good faith, I don't
             | deliberately attempt to infringe, but the tool still
             | produces results that do? Because _that_ is happening.
             | 
             | And that's just their interpretation of the tool. There is
             | another interpretation that their tool itself is a
             | violation.
        
               | Baldbvrhunter wrote:
               | I should have explained that those bits are all there is.
               | 
               | You are right, how am I to know that is an image from a
               | movie or passage from the NYT?
               | 
               | Ask George Harrison about "My Sweet Lord" which cost him
               | $587,000 for his unconcious infringement.
               | 
               | Another example would be the 2013 hit "Blurred Lines" by
               | Robin Thicke and Pharrell Williams. It was found to have
               | copied the "feel" and "sound" of Marvin Gaye's 1977 song
               | "Got to Give It Up." The court awarded Gaye's estate $7.4
               | million in damages, later reduced to $5.3 million.
        
         | 123yawaworht456 wrote:
         | using this analogy, copyright holders want to sue the guitarist
         | for having listened to "Stairway to Heaven"
        
         | golol wrote:
         | If you release a media with copyrighted content it is IMO first
         | and foremost your problem. Now if you have some contract with
         | the guitarist that specifies that he produced a sample he has
         | the rights to and sold it to you, but he clearly wasn't
         | truthful, you can maybe pass the liability to him. This is not,
         | however, how people will hse generative models If you use
         | Dall-E you are not paying OpenAI to buy the rights to a piece
         | Dall-E has produced. I see it more akin to hiring a musician to
         | play for you for an hour, or a painter to paint for you. You
         | are paying OpenAI to paint you something, but you I think
         | OpenAI would never enter a contract which states that they are
         | selling you the rights to a work.
        
         | bnralt wrote:
         | But none of the images in the article are for commercial use,
         | they're for private use. So it would be akin to copyright laws
         | saying "If you hire a guitar teacher, they can't play or teach
         | you to play any copyrighted songs. All songs must either be
         | their own original creation or in the public domain."
        
         | pier25 wrote:
         | The guitarist is not publishing the content, you are.
         | 
         | It could be argued ChatGPT is a publisher too.
        
       | beginning_end wrote:
       | This perspective on regulation was interesting:
       | https://drafts.interfluidity.com/2023/12/28/how-to-regulate-...
       | "Congress should declare that big-data AI models do not infringe
       | copyright, but are inherently in the public domain.
       | Congress should declare that use of AI tools will be an
       | aggravating rather than mitigating factor in determinations of
       | civil and criminal liability."
        
         | troupo wrote:
         | OpenAI and others: AI should be regulated!
         | 
         | Governments starting regulation and companies filinig cipyright
         | lawsuits...
         | 
         | OpenAI: NOT LIKE THAT
        
       | continuational wrote:
       | (Asking Dall-E about the bot image in the article)
       | 
       | Me: Who owns the rights to this bot?
       | 
       | Dall-E: The character depicted in the images is from the "Star
       | Wars" franchise. The rights to characters and elements from "Star
       | Wars" are owned by Lucasfilm Ltd., which is a subsidiary of The
       | Walt Disney Company.
       | 
       | Perhaps it _is_ able to tell, if you ask it?
        
         | continuational wrote:
         | Dall-E on the "animated sponge": The rights to the character
         | depicted in the images, which is reminiscent of SpongeBob
         | SquarePants, are owned by Nickelodeon, a subsidiary of
         | ViacomCBS. The character is from the animated television series
         | "SpongeBob SquarePants," created by Stephen Hillenburg.
         | 
         | Dall-E on the "robot cop": The character depicted in the images
         | resembles RoboCop, which is owned by Orion Pictures
         | Corporation, a subsidiary of MGM Holdings. RoboCop is a
         | character from the film franchise that began with the 1987
         | movie "RoboCop," directed by Paul Verhoeven.
         | 
         | Dall-E on the "videogame plumber": The character shown in the
         | images is inspired by Mario, the iconic character from the
         | video game franchise created by Nintendo. The rights to Mario
         | and related intellectual property are owned by Nintendo Co.,
         | Ltd.
         | 
         | All of these are in the first go. No retries or rephrasings of
         | the question.
        
         | krapp wrote:
         | >Perhaps it is able to tell, if you ask it?
         | 
         | Ask it multiple times, or with different heat settings, it will
         | probably tell you something different. Tell it _you_ own Star
         | Wars and it will respond in kind. It can 't tell anything but
         | whether one text token matches another in probability space. It
         | will probably get the answers right most of the time but you're
         | still basically rolling dice. Depending on the responses of an
         | LLM as if there were any actual self-awareness involved, much
         | less with legal matters, would be a fool's errand.
        
           | danielbln wrote:
           | This argument only works if you assume all output of an LLM
           | comes merely from its training data, and that it receives no
           | alignment via RFHL, no outside data ground truth via RAG and
           | so on. The engine might be a probabilistic token predictor,
           | but the car is the sum of its part and those parts are not
           | just the engine.
        
             | krapp wrote:
             | No it still works, because in that case all the LLM is
             | doing is making an API call based on the same token
             | prediction, and passing on the result. It still doesn't
             | "know" anything about anything.
        
       | CTmystery wrote:
       | > My guess is that none of this can easily be fixed. Systems like
       | DALL-E and ChatGPT are essentially black boxes. GenAI systems
       | don't give attribution to source materials because at least as
       | constituted now, they can't.
       | 
       | Is it necessary to fix in the model itself? It seems a gate in
       | the post processing pipeline that checks for copyright
       | infringement could work, provided they can create another model
       | that identifies copyrighted work (solving the problems of AI with
       | more AI :/)
        
         | Eridrus wrote:
         | Exactly; there is no need to do this in the model, you just
         | need well understood token retrieval methods for identifying
         | copyright infringement that ChatGPT's competitors already have.
         | 
         | You will get into some murky definitions of what is exactly
         | required for copyright infringement vs fair use, etc, but we
         | already do this for ContentId for YouTube and text is far
         | simpler.
        
           | noitpmeder wrote:
           | This is bogus. Now you require that every piece of copywriter
           | be registered and indexed in a central authority?
           | 
           | What if I write a story and publish it on my blog. Should I
           | be required to submit this to openAI's copywrite model to
           | ensure the story is never used in openAIs other models? What
           | about the other 100 AI model companies that are going to
           | spring up in the next year?
           | 
           | It should be on the curators of the training set to ensure
           | all material inside is fair for them to use.
        
         | Krasnol wrote:
         | I don't even think they want to fix it. They just want to see
         | money. Some form of "tax" per prompt or other ridiculous
         | "models".
         | 
         | This is such a nice, profitable opportunity. Much better than
         | pay per view or subscription models for humans.
        
         | LeonardoTolstoy wrote:
         | I should maybe preface this by saying that I probably agree
         | that this is the way this will shake out ultimately.
         | 
         | But I also would say multiple odd post processing stuff
         | (obviously completely obscured for security reasons) bolted
         | onto a giant black box model will erode the trust in the
         | results. If a robot was unveiled and the question of "what
         | prevents this robot from using it's superhuman strength from
         | smashing my head in" the answer of "don't worry there is a post
         | processing step in the robots brain whereby if it detects a
         | desire to kill we just cancel that" would be a little
         | disconcerting.
         | 
         | The more satisfying solution is: the model / robot is designed
         | to not be able to produce specific images / to smash human
         | heads in. It just might not really be possible.
        
       | logicchains wrote:
       | I predict this could be a boon for generative AI because
       | restricting it to training on copyright-expired media would
       | produce a higher quality training corpus, as low-quality material
       | from so long ago is unlikely to have been preserved, leaving only
       | higher-quality material.
        
       | Intox wrote:
       | Or... things are about to get worse for copyright holders.
       | 
       | I don't see any developped country pressing the brake on AGI in
       | the near future to protect a few copyright holders from getting
       | "stolen" in hypothetic scenarios.
        
         | lewhoo wrote:
         | I do. If the incentive to actually create is gone.
        
           | PartiallyTyped wrote:
           | creation should happen for its own sake. You don't see GMs
           | stopping chess because bots are that much better.
        
             | rco8786 wrote:
             | creation <> competition.
             | 
             | I agree with your premise but the chess analogy falls flat.
             | 
             | We might, legitimately, see an enormous dropoff in people
             | creating original works of literary, musical, and visual
             | art (without AI).
        
               | PartiallyTyped wrote:
               | Chess, at some point, and after you move beyond the
               | opening, is creation.
               | 
               | People didn't stop painting because photography exists,
               | they created new forms of photography. People didn't stop
               | writing music or using new / unique instruments when
               | synths and programs came along.
               | 
               | I genuinely believe that people will keep creating, it's
               | in our nature, and we also like things made by other
               | humans, because we can relate to them.
        
               | lewhoo wrote:
               | Imho your argument is faulty at its base. The objective
               | of chess competition isn't to produce a reasonably good
               | game for the lowest possible cost (blunders and comebacks
               | are actually pretty valuable parts of the spectacle). It
               | also isn't the reason why chess players get paid. Yes,
               | running still was a thing even after the invention of
               | bicycle. This is just invalid logic in my opinion.
        
               | PartiallyTyped wrote:
               | Chess hustlers in central park don't play for money, or
               | for a competition, they play for the fun of it, for the
               | sake of chess itself, for the sake of exploring the game,
               | the thrill of finding a solution.
               | 
               | It has nothing to do with whatever "value" the capitalist
               | system assigns to the act as a side-effect.
        
               | lewhoo wrote:
               | Chess hustlers are a particular niche case and I think
               | many of them would disagree with you (the money part).
               | Making arguments in such an absolute manner and speaking
               | on behalf of many people (mostly with whom you share very
               | little I assume) is guaranteed to be wrong I think.
        
               | sjfjsjdjwvwvc wrote:
               | This is an centuries old argument. Most people don't
               | create to make money, they create because they __have__
               | to.
               | 
               | If those motivated purely by money stop creating little
               | of value will be lost
        
               | krapp wrote:
               | Most people who create for a living aren't motivated
               | purely by money, but are driven by the necessities of
               | capitalism to do so. You're presenting a false dichotomy,
               | pretending to care about the quality of art, but really
               | like everyone, you just want other people's work for
               | free.
               | 
               | Great art - especially in modern times when that art
               | involves expensive education (which if you're American
               | must be paid for with interest) and the incorporation of
               | technology and equipment - takes time and effort. If that
               | time and effort cannot be paid for, then no matter how
               | passionate an artist may be, unless they have sufficient
               | personal wealth, that art must suffer.
               | 
               | Even the great artists of old needed patrons, because
               | they needed to eat like anyone else. Michaelangelo didn't
               | paint the Sistene Chapel ceiling for the love of the
               | game, nor would he have.
               | 
               | I guarantee you that the working artists who have already
               | lost commissions and work due to AI care about their
               | craft.
        
               | sjfjsjdjwvwvc wrote:
               | Im happy to pay the artist directly - which is why I use
               | services like bandcamp or buy artworks directly from
               | artists I know personally.
               | 
               | I care little about paying ,,rightsholders" and their ilk
               | - so I have zero empathy if they complain about imagined
               | losses.
               | 
               | Don't jump to conclusions about people who have never
               | even talked to
        
               | krapp wrote:
               | Artists _are_ "rightsholders" and their ilk. You didn't
               | even separate the two in your former comment, so you
               | clearly weren't talking about corporate owners of IP like
               | Sony and Disney, exclusively.
               | 
               | Maybe you believe no artist who works for a corporation
               | has any motivation but money, as opposed to purely
               | "indie" artists, I don't know where the line in your head
               | is drawn, but you do seem willing to throw most artists
               | under the bus for some arbitrary standard of purity.
               | 
               | AI is harming working artists right now, and will likely
               | never harm corporate rightsholders. They'll simply run
               | their own AIs and fire as many people as they can get
               | away with. The end result will not be that only the
               | "true" artists survive but simply less art of any kind,
               | everywhere. So I stand by my comment.
        
               | sjfjsjdjwvwvc wrote:
               | With rightsholders I mean exactly those big corporations
               | who do nothing else but buy up copyrights to successful
               | art.
               | 
               | I for example have never benefited from copyright,
               | neither from GEMA (the German artist association for
               | musicians) - 99% of payouts go to the rich and successful
               | mainstream artists and ,,indie" artists get nothing but
               | are forced by law to pay in if they want to perform in
               | public.
               | 
               | So yea I have little sympathy for artists who only work
               | for corporations or are rich enough to afford lawyers to
               | enforce their copyright.
               | 
               | The way I see it there exist 3 ways to make a living as
               | an artist now: - be rich trustfundkid and don't care
               | about money - be ,,purist" and just live from selling
               | your art and be on the brink of starvation constantly -
               | get a ,,money"job and produce art in your spare time
               | 
               | Apparently there exists a huge population of artists who
               | can make a living from working for corporations - but I
               | have yet to meet one in real life. They are always
               | brought up in these HN discussions but in my experience
               | they don't exist.
        
               | rco8786 wrote:
               | I didn't say anything about money. Why are people talking
               | about money
               | 
               | I'm not pretending anything. I'm just making a statement
               | about what might happen. I don't personally care much one
               | way or the other.
        
               | Zardoz84 wrote:
               | People that create art, must eat and sleep under a roof.
        
               | PartiallyTyped wrote:
               | and we can definitely feed them. Plenty of resources
               | lying around.
        
               | JohnFen wrote:
               | We don't feed or house tons of people right now, despite
               | those resources.
        
               | PartiallyTyped wrote:
               | We can, we (as in society) doesn't, because the powers
               | that be benefit from it.
               | 
               | Somehow Finland can manage, but US can't? Please.
               | 
               | The roofless exist to send a message, "stay in your lane,
               | be a cog in the machine, don't disrupt the system and you
               | won't end up like _THEM_ ".
        
               | rco8786 wrote:
               | I didn't say anything about money or the motivation to
               | create?
        
             | lewhoo wrote:
             | > creation should happen for its own sake
             | 
             | Creation should happen for whatever reason its creator
             | becomes inspired with. The only absolute I can think of is
             | no one should actually categorize worthy and unworthy
             | motifs.
        
               | PartiallyTyped wrote:
               | I can categorize them easily.
               | 
               | The only invalid reason is because you need to feed
               | yourself, and the fact that we need to do that, we need
               | to pay artists and everyone else just to survive, shows
               | our failure as broader society.
        
           | sjfjsjdjwvwvc wrote:
           | If making money is the only reason to create maybe it's good
           | if they stop.
        
             | lewhoo wrote:
             | Oh yeah, I forgot artists are spiritual creatures who don't
             | have to eat. It certainly isn't the only reason to create
             | but a necessary condition to actually be a professional
             | artist, no ?
        
               | ImHereToVote wrote:
               | Why don't you just ask for an increase in the allowance
               | from your family trust fund? People have become so lazy
               | nowadays, they can't even be bothered to have a hard talk
               | about their financial estate with their rich grand-papa
               | anymore.
        
               | sjfjsjdjwvwvc wrote:
               | Reread my comment again. If your __only__ motivation is
               | money, you will have a problem.
               | 
               | I agree it's necessary to pay artists - but we don't need
               | copyright for that! There are many tried and proven
               | alternatives.
        
               | Loughla wrote:
               | >There are many tried and proven alternatives.
               | 
               | Other than patronage, what is there?
               | 
               | Also, patronage is garbage, in my opinion. It ensures
               | artists are exclusively either already wealthy, or well
               | connected. It also helps ensure that the wealthy are most
               | often represented in the art created; for some reason
               | this seems like a bad idea to me.
        
               | ED_Radish wrote:
               | copyright based scarcity is effectively dead for anyone
               | with an Internet connection anyway
               | 
               | honestly I think a gratuity model may become dominant
               | with or without any legal changes at this point
               | 
               | you'll often see on YouTube patreon revenue equally or
               | dwarfing ads the reliance of the music industry on merch
               | seems similar too*
               | 
               | I think people are more willing than you'd think to pay
               | for art simply because they understand it won't exist
               | without money.
               | 
               | *(if that sounds like a stretch, consider if in a world
               | devoid of copyright, whether a Walmart printed band shirt
               | for cheap would be equivalent for most purchasers to the
               | same shirt sold by the actual artist )
        
               | endisneigh wrote:
               | So naive lol. How many independent, unconnected rich
               | artists were born pre and post YouTube for instance?
        
               | sjfjsjdjwvwvc wrote:
               | No idea - do you know?
        
             | AlienRobot wrote:
             | Your unwillingness to pay doesn't give you the right to
             | steal, that only gives you the right to not take the deal
             | and walk away.
        
               | 4bpp wrote:
               | What exactly am I stealing if I don't take the deal, walk
               | away and then enjoy an AI-generated artwork that just so
               | happens to resemble the thing closely instead? I'd think
               | that stealing requires taking something away from
               | someone, regardless of how hard certain industries try to
               | gaslight me into expanding the definition to protect
               | their business model.
        
               | AlienRobot wrote:
               | Stop trying to gaslight yourself into thinking what you
               | are doing isn't morally wrong.
               | 
               | If you do not agree with their business model, don't get
               | involved with their business, at all. Your disagreement
               | doesn't give you the right to exploit flaws in their
               | methods to protect their business. Just like the fact you
               | don't want to pay for something doesn't grant you the
               | right to exploit the fact that the laws of physics allow
               | you to just grab something you didn't pay for with your
               | hand and run away with it.
        
               | danielbln wrote:
               | You still equate copyright infringement with physical
               | theft. They are not the same.
        
               | 4bpp wrote:
               | In what sense would I be running away with something? The
               | original thing is still there, to the extent you can talk
               | about data being somewhere.
               | 
               | I don't think I need to "gaslight myself" into anything;
               | as far as I can tell, making a copy has not ever felt
               | morally wrong to me.
        
               | stale2002 wrote:
               | > Your disagreement doesn't give you the right
               | 
               | If I fully believe in the concept of fair use and
               | transformative content, then yes it absolutely is my
               | right to take advantage of generative AI.
               | 
               | Fair use is a common concept used in all sorts of media.
               | 
               | You don't get to hand wave that away just because
               | generative AI is getting good.
        
         | jltsiren wrote:
         | I can easily see it happening. "Content" is at least as big
         | business as "tech", and the people in it are politically better
         | connected.
        
           | sumedh wrote:
           | > and the people in it are politically better connected.
           | reply
           | 
           | Tech companies have more money to throw at politicians.
        
           | midasuni wrote:
           | Apple could buy most of the NYT, RIAA and MPAA companies
           | combined with petty cash. The big ones are Disney and Sony
           | with a combined market cap about 250b. Microsoft alone is
           | worth over 10 times that.
        
             | prasadjoglekar wrote:
             | Then they should. The first transaction will appropriately
             | value content and then WaPo, WSJ and others will see their
             | values to up.
        
               | captn3m0 wrote:
               | Would be cheaper to license textbooks and find a way to
               | provide attribution to accommodate Wikipedia etc.
        
             | CM30 wrote:
             | Honestly I've always wondered what would happen (and how
             | much the entertainment world would change) if a company
             | like Apple, Google, Microsoft, etc did just that. Or heck,
             | if it turns out you need the rights to train LLMs and its
             | easier to do that with public domain stuff, they just flat
             | out bought half the entertainment industry and assigned
             | everything to the public domain. Every Disney work every
             | for example.
        
               | jprete wrote:
               | No-one is going to buy a major media company and then
               | throw the rights into the public domain. What they would
               | do is buy the rights and then sue all competitors in the
               | GenAI space.
        
               | JohnFen wrote:
               | > and assigned everything to the public domain
               | 
               | In the US, this isn't possible. There is no legal
               | mechanism for putting things into the public domain
               | outside of the expiration of the term of copyright. The
               | best you can do is to promise not to enforce your
               | copyright.
        
           | meindnoch wrote:
           | Developing AGI is a matter of national security. "Content"
           | isn't.
        
             | sanderjd wrote:
             | I'm curious: Have you seen indications that major
             | militaries and politicians believe _AGI_ , rather than
             | special purpose ML for military purposes, is important for
             | national security? I'm really not sure whether this is
             | true, or whether military and political leaders think it's
             | true.
        
               | AlexAndScripts wrote:
               | They will once people start talking about an AI gap with
               | China.
        
               | sanderjd wrote:
               | I mean, people already _talk_ about this.
               | 
               | What it seems to me from the milieu of everything I've
               | read and heard (that is: I can't cite examples, this is
               | an aggregate developed from hundreds of articles and
               | podcasts etc.) is that there is already an "AI" arms race
               | underway, but that it has more to do with specialized ML
               | systems than with consumer LLMs.
               | 
               | But I'm not really in the loop, and maybe OpenAI really
               | is more important to the US DoD than Disney (as a stand-
               | in for big copyright-based businesses generally) is to
               | the politicians they donate to. But I dunno! That's why I
               | asked the question :)
               | 
               | I would be more intrigued by the national security angle
               | of this if copyright holders were going after, say,
               | _Palantir_. But I just don 't know how important they see
               | these language models as being, or how interested they
               | are in OpenAI's mission to discover AGI.
        
               | pixl97 wrote:
               | It mostly doesn't matter if the military wants specialist
               | systems, in the long run generalist systems tend to win
               | in power and adaptability.
               | 
               | Some of this may be a misunderstanding of what modern
               | militaries do, if they are shooting guns there's already
               | been some level of failure. Massive amounts of war
               | gaming, sentiment analysis, and propagandizing occur, see
               | the RAND Corporation for more details on the military
               | development of algorithms and artificial intelligence.
        
               | sanderjd wrote:
               | Yeah this makes sense. Maybe RAND publications will
               | indeed give me some insight into my question.
               | 
               | But I also buy that there is a lot of overlap between
               | military work and any other kind of white collar work,
               | which LLMs are definitely useful (but not revolutionary)
               | for.
        
               | devjab wrote:
               | There is a difference between sharing the tech hype, and
               | risk management. Why would our political and military
               | leadership not be interested in this sort of tech in the
               | modern world? If it doesn't work out, then it doesn't
               | work out, but if it does, then they'll want in on it.
               | Aside from that there is the mass surveillance angle on
               | it. We recently had a nice scandal of sorts here in
               | Denmark where the chief of our secret military or
               | whatever you'd call this was arrested by our secret
               | police because he may or may not have shared secrets
               | about how the US spies on us. It was something that even
               | included charges against our former minister of defence
               | possibly leaking things, something which could have seen
               | him twelve years in prison. Luckily our courts saw it as
               | a political matter and refused to let it run in closed
               | proceedings which led to charges being dropped.
               | 
               | The matter of the leaks were very "Snowdeny" in that it's
               | possibly that parts of our own government and our secret
               | police share all Danish internet traffic with the NSA,
               | who then in tern share information with our secret
               | police. Which meant that our secret police could do
               | surveillance on us as citizens through a legal loophole,
               | as they aren't allowed to do they directly, but are
               | allowed to share surveillance information with the NSA.
               | Part of this information comes from the giant American
               | tech companies as well. Despite their promises to not
               | share the data they keep for you. I know it's sort of
               | crackpot sounding, but between echelon, Snowden and the
               | ridiculous amounts of scandals, I think it's safe to
               | assume that the American military wants in on LLMs and
               | monitor all the inputs people put into ChatGPT and
               | similar. So for that reason alone they'd want in on
               | things.
               | 
               | Then there is how the war in Ukraine has shown how cheap
               | drones are vital in modern warfare, and right now, they
               | need to be manually controlled. But what if they didn't?
               | Maybe that's not obtainable, but maybe it is.
               | 
               | Then there is all the other reasons you and I can't think
               | of. So even if they don't believe it's eventually going
               | to lead to an AGI, or whatever else the hype wants,
               | they're still going to be interested in technology that's
               | already used by so many people and organisations around
               | the globe.
        
               | sanderjd wrote:
               | I'm sure they're _interested_ in it, but I 'm uncertain
               | that they view it as a promising and critical enough
               | capability to push for a higher priority when weighed
               | against other interests.
               | 
               | For instance, neither of your examples - surveillance or
               | automated drones - has anything to do with AGI. They
               | don't need LLMs to do mass digital surveillance; they
               | already do that and were doing it for decades before LLMs
               | were a twinkle in anyone's eye. Sure, they'll try to tap
               | into the user data generated by chatgpt etc. (and likely
               | succeed), but that's not a different capability than what
               | they're already doing. And automating drones - which, by
               | the way, this is not future technology as you seem to
               | imply, it's here today - is a special purpose ML system,
               | that _maybe_ benefits from incorporating an LLM
               | somewhere, but certainly isn 't pinging the chatgpt api!
               | 
               | But sure, you're exactly right at the end, I have no idea
               | whether they see other angles on this that are new and
               | promising. That's why I asked the question, I'm very
               | curious whether there are any real indications thus far
               | that militaries think the big public LLM models will be
               | useful enough to them that they'll want to put a thumb on
               | the scale to favor the companies running them over the
               | companies that make their bucks on copyrighted content.
        
               | samus wrote:
               | Wiretapping vast amounts of data on the internet is quite
               | cool, but actually sifting through all that data is the
               | really difficult part. Right now intelligence services
               | are probably looking at lots of false positives and lots
               | of dots they can't connect because the evidence is just
               | too dispersed for a human or a current-generation system
               | to make sense. LLMs could enable them to make the
               | analysis more targeted and effective.
               | 
               | But for all we know intelligence services could be using
               | LLMs for years now, since they are usually a few years
               | ahead of everybody else in many regards :-)
        
               | jcgrillo wrote:
               | > LLMs could enable them to make the analysis more
               | targeted and effective.
               | 
               | How? I'm not trying to be combative, I genuinely am
               | curious if you have an idea how these things could be
               | usefully applied to that problem. In my experience
               | working in the information security space, approximate
               | techniques (neural nets, etc.) haven't gotten much
               | traction. Deterministic detection rules are how we
               | approach the problem of finding the needle in the hay
               | pile. So if you have a concrete idea here that could
               | represent an advancement in this field.
        
               | pixl97 wrote:
               | I guess my next question is how many needles do you find
               | and how sharp are they? Detection rules would filter out
               | most of the noise, then something like an LLM would do a
               | post filter for intent analysis to rank relative risks
               | for human intelligence to look at.
        
               | jcgrillo wrote:
               | I suspect this would disincentivize operators to take
               | care in the way they write their detection rules, and the
               | nondeterminism of the LLM would then result in false
               | negatives. So the rate of growth of the needles set would
               | increase, and the analysts would be getting lower quality
               | information mediated by the LLM.
               | 
               | In a world where false negatives--i.e. failing to detect
               | a sharp needle--are the worst possible failure mode,
               | approximations need to be handled with exceeding care.
        
               | sanderjd wrote:
               | This is not the new capability that LLMs have pioneered.
               | It's true that it is difficult to sift out signal from
               | the noise of a vast data trove, but it is difficult in a
               | way that people have been getting extremely good at since
               | the late 90s. What you're describing is a Google-level
               | capability, and that's truly a very complex thing not to
               | be downplayed. But it's a capability that we've had and
               | been honing for decades now.
               | 
               | I'm sure language models and transformer techniques will
               | be (or more likely: already are) an important part of the
               | contemporary systems that do this stuff. But I'm
               | skeptical that they care much about GPT-4 _itself_ (or
               | other general models).
               | 
               | I'm not skeptical about whether they think it is useful
               | and an important capability to incorporate ML techniques
               | into their systems, I'm unsure how much utility they see
               | in _general_ (the  "G" in AGI) models.
        
               | peatmoss wrote:
               | I'd guess leaders are thinking more in terms of national
               | capacity to create more advanced technologies than
               | geopolitical adversaries. If US policy shakes out in a
               | way that protects copyright holders at the expense of AI
               | innovation, I think it's apparent that the end result
               | will be that our rivals will both violate copyright and
               | beat us to building widespread expertise.
        
               | sanderjd wrote:
               | > _I 'd guess leaders are thinking more in terms of
               | national capacity to create more advanced technologies
               | than geopolitical adversaries._
               | 
               | I think there's a strong argument that they _should_ be
               | thinking in those terms, but I 'm a lot less convinced
               | that they _do_ usually think in that way.
               | 
               | Or more charitably, they have the responsibility to
               | balance current interests against future interests. And
               | this isn't just a tricky thing for democracies, dictators
               | also have to strike this same balance, just with
               | different trade offs.
               | 
               | But in this case, for the US, it honestly isn't clear to
               | me that policy makers _should_ favor the AI side of this
               | tussle. I think culture has been among the, if not the
               | very, most important export of the US for nearly a
               | century, and I think favorable copyright treatment has
               | been at least part of the story with that.
               | 
               | Maybe that whole landscape is different now in a way that
               | makes that whole model obsolete, but I think it's an open
               | question at least.
        
             | RandomLensman wrote:
             | Don't underestimate the value of soft/cultural power.
        
             | fsloth wrote:
             | US media _is_ a huge cultural influence. It takes a
             | ridiculous amount of mindspace globaly. However, with
             | youtube &tiktok this seems to be changing - the most
             | important influence is not from Hollywood but "random"
             | youtubers. So, "content" is waning in influence for sure,
             | unlike hardcore national security things like US dollar,
             | the carrier fleet or ballistic nukes. Or AI.
        
               | arizen wrote:
               | but then no one can stop national intelligence agencies
               | to get these "random" influencers narratives under their
               | control, am I right?
        
               | wongarsu wrote:
               | On Youtube creators who are native to the anglosphere
               | still have a big advantage. TikTok is really the big
               | equalizer. With AI voices being the norm, nobody cares
               | about your accent.
        
               | wavemode wrote:
               | Guess it depends on what you mean by "advantage"...
               | English-language channels are a dime a decillion. But if
               | you started posting content in Tagalog you'd find
               | yourself gaining traction with an audience that doesn't
               | have as many alternatives.
        
             | jcgrillo wrote:
             | Two questions:
             | 
             | (1) Do you think "developing AGI" a realistic, achievable
             | goal? If so, what evidence do you see that we're making
             | progress on the problem of "general" intelligence?
             | Specifically, what does any of that have to do with Large
             | Language Models?
             | 
             | (2) Are there any "national security" applications of Large
             | Language Models that you're aware of?
             | 
             | It seems to me that it would be a very difficult case to
             | make that the national security impact from allowing the
             | rule of law to erode would be somehow outmatched by the
             | (speculative) wager that somehow LLMs have some relevance
             | to the national security. It would be an even harder case
             | to make that any of this has something to do with "general"
             | intelligence.
        
               | miki123211 wrote:
               | Regarding (2), automating surveillance at scale.
               | 
               | If you manage to put a bunch of listening devices at a
               | place you're moderately interested in, a cafeteria at an
               | enemy base for example, you might end up with literally
               | hundreds of hours of conversations, most of them
               | completely uninteresting, but a few that might possibly
               | contain nuggets of information of the utmost importance.
               | Listening to all these conversations requires resources.
               | This is even more difficult if the people there speak in
               | jargon, in their own language, and nobody but an expert
               | in the subject can determine which conversation snippets
               | are significant.
               | 
               | If you have good LLMs, you can run all your recordings
               | through extremely high-quality speech recognition and
               | then use something like Chat GPT for summarization,
               | classification, finding all mentions of the nuclear
               | reactor in <place> etc. Same goes for satellite image
               | analysis.
        
               | jcgrillo wrote:
               | I think we'd need to see these things get a lot more
               | reliable for them to be viable in this use case. This
               | seems like a "leaky net" as opposed to some more
               | deterministic strategy (e.g. grepping large lists of
               | keywords, or parallelizing the task over thousands of
               | human analysts). When you're looking for a needle in a
               | haystack you need to inspect every leaf and stalk.
               | 
               | So should we put copyright through the shredder on the
               | wager that somehow generative techniques will find
               | applications for mass surveillance?
        
               | pixl97 wrote:
               | As for 1, pass an image to a multimodal LLM and simply
               | ask 'what is going on in this image'. Robot LLM models
               | are already turning this in to actionable data they of
               | which they can interact with the world. As in you can
               | send a Robot into a room it has not been before and tell
               | it "bring back a sock, a blue one not a red one" and get
               | an actionable response with a higher degree of success.
               | This takes some degree of general intelligence (though
               | maybe not human level).
        
               | jcgrillo wrote:
               | Well the real test of all this stuff is "what can I use
               | it for?". And I can sort my own socks, so that's not
               | super compelling ;). More seriously, the real world is
               | complex.
               | 
               | Let's say I want to replace the forklift operator at my
               | local lumberyard with a robot forklift that can
               | ostensibly outperform a human employee. Even if there is
               | some magical AI program which could theoretically drive
               | the forklift around, identify boards by their dimensions,
               | species, dryness, location, etc., there's a whole bunch
               | of sensory problems that a human body solves easily that
               | are _super_ hard to solve in the environment of a lumber
               | yard. There 's dust, rain, snow, mud--so if you're
               | relying on cameras how will you keep them clean? You
               | can't visually determine how dry a board is, you have to
               | put a moisture meter on it and read the result. My point
               | is, even if you have a "brain" capable of driving the
               | forklift you still have a massively complex robotics
               | problem to solve in order to automate _just the
               | forklift_. And we haven 't even begun to replace the
               | other things the operator does in addition to driving the
               | forklift. He can climb out of the forklift and adjust the
               | forks, move boards by hand, affect repairs on equipment,
               | communicate with other equipment operators, customers,
               | etc.
               | 
               | Good luck replacing him in a cost-effective manner.
               | 
               | So what am I supposed to use it for?
        
               | pixl97 wrote:
               | https://en.wikipedia.org/wiki/Moravec%27s_paradox
               | 
               | This is an issue of 'mechanical intelligence' being
               | hundreds of millions of years old and 'higher
               | intelligence' being pretty new on the evolutionary
               | spectrum.
               | 
               | And the AGI will keep you around as a dexterous 'robot'
               | while supervising your thoughts to make sure you're
               | keeping in line I guess, while day after day cranking out
               | more capable robots in which to replace you with
               | eventually.
        
               | jcgrillo wrote:
               | How will it control me without resolving the paradox? If
               | it gets annoying or meddlesome enough I'll just unplug
               | the power cable, right?
        
             | jltsiren wrote:
             | Developing AGI, as an abstract idea, is a matter of
             | national security. That doesn't mean people are willing to
             | accept the real-world consequences of it. Especially when
             | it could affect them financially.
             | 
             | Additionally, I'm not even sure the US is capable of having
             | national priorities at the moment. The Congress has become
             | incapable of making decisions. While the executive and the
             | judiciary branches have stepped up to compensate, they tend
             | to handle each issue separately without any general
             | direction.
        
         | anonzzzies wrote:
         | It's one way of getting China to close the gap as they don't
         | care.
        
           | Smaug123 wrote:
           | Eh? With a gun to my head I'd say the CCP cares more about
           | censorship than the NYT does about plagiarism, but it's not
           | an easy call. The problems are the same ("training set
           | contains lots of stuff I don't want the LLM to say").
        
             | wongarsu wrote:
             | One interesting nuance that might come to play is that
             | while the US nearly always makes products for their own
             | market and expects the rest of the world to adopt it, China
             | is willing to clearly differentiate products for their own
             | market and for export.
             | 
             | As a consequence, an AI meant to topple Western soft power
             | around the world might be held to much looser standards
             | than one used domestically. Who cares that in rare
             | circumstances the AI mentions the Tiananmen Square Massacre
             | to Spaniards if asked about it, as long as it is good
             | enough at spreading Chinese culture.
        
         | rco8786 wrote:
         | The EU is already salivating over the idea
        
           | CaptainFever wrote:
           | The EU and many other countries already exempted training
           | from copyright restrictions. The only condition EU added was
           | opt-out, and even then it can be ignored if you're doing
           | research. [1]
           | 
           | [1] https://www.reedsmith.com/en/perspectives/ai-in-
           | entertainmen...
        
             | pier25 wrote:
             | ChatGPT is not research, it's a commercial service.
        
         | devnonymous wrote:
         | Ah right, capitalism hasn't ever come in the way of the steady
         | march of technology. This is the reason why we don't have
         | monopolies controlling energy generation. Nor are we limited to
         | a couple of choices of OSs or phones...etc and books, art,
         | movies, music consumption and creation are perfectly aligned...
         | Right? /s
         | 
         | IMO, what's most likely is some sort of licensing model between
         | the AI companies and the 'big content providers' (remember most
         | content on the web these days is not owned by the person who
         | created it, wasn't always like that). The smaller companies
         | then would be forced to live with either being scraped or
         | ending up being 'invisible'.
        
         | numpad0 wrote:
         | I think in more simpler terms, I think we're looking at the dip
         | after the hype. This is the peak for this generation of proto-
         | AGI and there's not much to lose from over-regulatuon(put
         | quotes around "over").
        
         | dkjaudyeqooe wrote:
         | > a few copyright holders
         | 
         | By which you mean every copyright holder.
         | 
         | > AGI in the near future
         | 
         | Something that is purely speculative, undefined, and has been
         | promised in the near future for 50+ years.
         | 
         | I don't see copyright holders lying down for someone else's
         | benefit and I don't see governments gutting copyright, contract
         | law, and several other avenues of protection that copyright
         | holders can deploy in the name of something that doesn't exist
         | and may not ever exist.
        
           | squidbeak wrote:
           | If a child is instructed to read a copyrighted work at
           | school, which later becomes a factor in his own derivative
           | works, he won't be in breach of copyright.
           | 
           | Why should other intelligent entities be prevented from
           | reading copyrighted works and gaining whatever there is to
           | gain from those works the way any human might?
        
             | dingnuts wrote:
             | thats irrelevant since an LLM is not an intelligent entity.
             | Whatever you're arguing about is fiction.
        
               | block_dagger wrote:
               | ChatGPT is not an intelligent entity? What's been
               | comprehending and rewriting all my crappy code for
               | several months? An auto-complete? There's obviously
               | emergent behavior there that is actually defined by the
               | maker and most users as "intelligence."
               | 
               | Edit: typo
        
               | SoftTalker wrote:
               | I would paraphrase one of Clarke's laws and say that "Any
               | sufficiently advanced text generator is indistinguishable
               | from an intelligent entity."
               | 
               | Just because a computer program's output is remarkably
               | good does not mean there is any emergent intelligence,
               | any more than a technology we don't understand means
               | there is magic.
        
               | ben_w wrote:
               | The reverse can also be true, with John Keats' agreeing
               | with Charles Lamb that Newton "had destroyed all the
               | poetry of the rainbow, by reducing it to the prismatic
               | colours": https://en.wikipedia.org/wiki/Lamia_(poem)
               | 
               | If we should ever fully understand how our own minds
               | work, will we hold machines in higher esteem, or
               | ourselves in lower?
        
               | edgyquant wrote:
               | Any biology or physics that suggests humans are just a
               | pattern recognizer will be discarded as us being a
               | conscious being is the only thing every human knows to be
               | 100% true.
        
               | ben_w wrote:
               | So, all of biology and physics then. If souls exist, they
               | have no mass, and have a weird way of being repeatably
               | disrupted in consistent ways by damage to certain parts
               | of the brain or specific chemicals.
               | 
               | Just because consciousness is a mystery today, doesn't
               | mean we get to stop and say it will be so forever more.
               | 
               | Heck, the problem still fundamentally exists regardless
               | of if you're atheist, monotheist, polytheist, or
               | pantheist.
               | 
               | --
               | 
               | "We're not listening to you! You're not even really
               | alive!" said a priest.
               | 
               | Dorfl nodded. "This Is Fundamentally True," he said.
               | 
               | "See? He admits it!"
               | 
               | "I Suggest You Take Me And Smash Me And Grind The Bits
               | Into Fragments And Pound The Fragments Into Powder And
               | Mill Them Again To The Finest Dust There Can Be, And I
               | Believe You Will Not Find A Single Atom Of Life-"
               | 
               | "True! Let's do it!"
               | 
               | "However, In Order To Test This Fully, One Of You Must
               | Volunteer To Undergo The Same Process."
               | 
               | There was silence.
               | 
               | "That's not fair," said a priest, after a while. "All
               | anyone has to do is bake up your dust again and you'll be
               | alive..."
               | 
               | - Feet of Clay, Terry Pratchett
        
               | edgyquant wrote:
               | You missed the entire point. Physics and biology exist to
               | help humans understand the material universe. Anything
               | supposing that humans aren't actually intelligent or
               | conscious or whatever, or lack agency, is wrong since all
               | of physics and biology are an offshoot of that agency
               | meant to enrich it.
        
               | ben_w wrote:
               | I'm not _missing_ the point, I 'm saying you're wrong.
               | There's a difference.
               | 
               | Also:
               | 
               | > Anything supposing that humans aren't actually
               | intelligent or conscious or whatever
               | 
               | Doesn't really match what I was writing about: if it
               | turns out that a thing which is "just a pattern
               | recognizer" can in fact be "intelligent or conscious or
               | whatever", it's up to us if we see intelligence or
               | consciousness or whatever in the pattern recognisers that
               | we build, or if we ourselves descend into solipsism
               | and/or nihilism.
               | 
               | Or if we take the traditional path of sticking our
               | fingers in our ears and go "la la la I'm not listening"
               | by way of managing cognitive dissonance. This is a very
               | popular response which should not be underestimated.
               | 
               | But the laws of physics are quite clear, that a whole
               | bunch of linear equations (quantum field theory) gets us
               | chemistry, which gets us biology, etc., and the only
               | place in all this for the feeling of existence that we
               | have is emergent properties. Those emergent properties
               | may, or may not, be present in other systems, but we
               | don't know because we're really bad at characterising how
               | emergent properties... emerge.
        
               | helf wrote:
               | This line of logic is more frightening to me than actual
               | AI. LLMs are really useful in a lot of scenarios but it
               | takes 5 minutes playing with one to see that it isn't
               | intelligent.
               | 
               | But since you are the type of person who is seemingly
               | using LLM "written" code in production, your ability to
               | accurate assess anything is suspect at best.
               | 
               | "Any technology, sufficiently advanced, is
               | indistinguishable from magic".
               | 
               | No, an LLM is not intelligent. I do not understand why
               | people will go through mental gymnastics to conclude they
               | are.
               | 
               |  _queue all the typical arguments supporting them being
               | intelligent and demanding I give reasons for them not
               | being_
        
               | pixl97 wrote:
               | This is kind of a weird take... if you said your dog
               | isn't intelligent because it can't do calculus and most
               | people would look at you funny. You don't have to see
               | your pet as intelligent, but don't expect everyone else
               | to blindly follow your thinking.
        
               | croemer wrote:
               | s/queue/cue/ ;)
        
               | edgyquant wrote:
               | It's not a human and so the entire argument comparing it
               | to one is moot. It's a program on a machine and doesn't
               | have rights, this anti-human way of thinking is seriously
               | fucking scary.
        
               | ben_w wrote:
               | The post you're responding to didn't call them human. Nor
               | alive. Just "intelligent", and just as intelligence isn't
               | required _of_ life so I have no reason to think
               | intelligence itself _requires_ life.
               | 
               | These things are indeed "a program on a machine and
               | doesn't have rights", but what _I_ find scary is that
               | rights aren 't part of the rules of the universe, they're
               | merely laws, created and enforced (to the extent that
               | they are at all) by humans.
        
               | mensetmanusman wrote:
               | LLMs are clearly a type of lower level intelligence.
               | Intelligence does not require consciousness.
        
               | Sheeplator wrote:
               | The only thing that I would say is "clear" is that LLMs
               | are big collections of statistical data on how we use
               | language. That does not cross my threshold for
               | "intelligence".
        
               | mistermann wrote:
               | > That does not cross my threshold for "intelligence".
               | 
               | You have your own individual threshold for what "is"
               | intelligence? Holy cow, imagine if each other agent had
               | their own also, but spoke as if they had a common
               | one...that sure wouldn't be a very _intelligent_ way to
               | run a simulation, imagine the unrealized confusion and
               | delusion that could result if that became a cultural
               | convention!
        
               | vehemenz wrote:
               | That's quite a lot of metaphysical speculation for a
               | conclusion that is all but clear.
        
             | sensanaty wrote:
             | A child isn't a computer program, and no amount of
             | anthropomorphizing will ever make them so.
             | 
             | Especially ChatGPT and other LLMs, they're not even _close_
             | to being AGI or an  "intelligent entity" as you put it,
             | despite what all the AI-bro hype and marketing would like
             | everyone else to believe.
        
               | ben_w wrote:
               | > they're not even close to being AGI
               | 
               | Only because all three letters of the initialism mean
               | different things to different people.
               | 
               | Existing LLMs won't do everything, but bluntly: good,
               | we're not ready for a world where there is an AI that
               | _can_ do everything for $1-60 /million words[0], and we
               | need to get ready for that world _before_ we find
               | ourselves living in it.
               | 
               | ChatGPT-3.5 has a lot of weaknesses, but it can still do
               | a better job of coding than a few of my coworkers
               | demonstrated over the last 20 years. I'm listening to a
               | German language learning podcast, and the hosts mentioned
               | using it to help summarise a long email from one of their
               | listeners. My sister has work anecdotes about it helping,
               | and she's not in tech. Influencers, teachers, lawyers,
               | Hollywood writers... well, "moral panic" doesn't tell you
               | much... the game Doom was 30 years ago, and that had a
               | moral panic that looks quaint given how much FPS games'
               | graphics improved with each subsequent release, and I
               | suspect ChatGPT-3.5 was to conversational AI what Doom
               | was to 3D realtime gaming: the point at which people take
               | note, followed by a decade of every new release being
               | (wrongly) called "photorealistic".
               | 
               | [0] current pricing for gpt-3.5-turbo-1106 ($0.0010 / 1K
               | tokens) and gpt-4-32k ($0.06 / 1K tokens) pricing:
               | https://openai.com/pricing
        
               | sensanaty wrote:
               | > ChatGPT-3.5 has a lot of weaknesses, but it can still
               | do a better job of coding than a few of my coworkers
               | demonstrated over the last 20 years.
               | 
               | Whenever people say stuff like this I can't help but
               | wonder what on earth kind of projects they work on. Even
               | GPT4, while useful for things like reformatting or
               | generating boilerplate code and stuff like that, it's
               | still a far cry from any decent dev I've ever worked
               | with, especially if you're not using a popular language
               | like JS or Python.
               | 
               | My usual PRs at work are pretty big, complex pieces of
               | code that all have to actually work when integrated with
               | the larger system around it, no AI tool I've tried so far
               | has come even close to acceptable here, other than for
               | generating some boilerplate code that I would've written
               | myself anyway. But even with the innocent-looking
               | boilerplate there's always a weird gotcha that isn't
               | obvious until you really analyze the code closely. It
               | ends up saving nothing more than a few keystrokes, if
               | that, yet people say all the time that they're generating
               | entire pieces of software by gluing together code it
               | spits out, which I find absolutely insane given my
               | anecdotal attempts at it.
               | 
               | This can circumvented by going with more elaborate in-
               | depth prompts, but at that point are you really saving on
               | effort compared to the alternative? Is it really more
               | efficient? By the time I have a prompt complex enough for
               | it to spit out something good at me, I could've already
               | bashed out the code myself anyways.
               | 
               | That's not even mentioning all the legacy shit you have
               | to keep in mind for any one line of code, plus whatever
               | conventions and standards your team uses and has etc.
               | 
               | I mean it works great for a function or whatever, but is
               | that seriously what most people are working on? Simple,
               | one-off independent function calls that don't interact in
               | any way with anything within a larger system? Even simple
               | CRUD apps aren't so well isolated.
               | 
               | Don't even get me started on the actual difficult part
               | which is the whole preamble to creating the ticket in
               | JIRA or whatever task management software you use where
               | you're talking with stakeholders and planning out the
               | work ahead, you're telling me you're paying 'Open'AI to
               | do that whole rigamarole for you, and you're doing it
               | successfully?
        
               | ben_w wrote:
               | > Whenever people say stuff like this I can't help but
               | wonder what on earth kind of projects they work on.
               | 
               | Terrifyingly, one of the bad human examples was doing
               | C++. That person didn't know, or care to learn about, the
               | standard template library; and they also duplicated
               | entire files rather than changing access specifiers from
               | private to public so they could subclass; and one feature
               | they worked on was to support a change from storing data
               | as a custom file format to a database, and the transition
               | could take 20 minutes on some inputs even though neither
               | loading before nor after this transition took more than
               | milliseconds, and they insisted during one of the
               | standups the code couldn't possibly be improved... the
               | next day I looked at it for a bit, removed an unnecessary
               | O(n^2) operation, and the transition code went back down
               | to milliseconds. Oh, and a thousand(!) line long block
               | for an if statement that always evaluated true.
               | 
               | The whole codebase was several times too big to fit into
               | the context window for any version of any GPT model
               | thanks to both this duplication and to keeping old
               | versions of functions around "for reference" (their
               | words), but if it had been rewritten to be more sensible
               | it _might_ just about fit into the biggest.
               | 
               | (My other examples were either still at, or fresh out of,
               | university; but this person _should have known better_ ).
               | 
               | > Don't even get me started on the actual difficult part
               | which is the whole preamble to creating the ticket in
               | JIRA or whatever task management software you use where
               | you're talking with stakeholders and planning out the
               | work ahead, you're telling me you're paying 'Open'AI to
               | do that whole rigamarole for you, and you're doing it
               | successfully?
               | 
               | If it was all-round good, none of us would have jobs any
               | more.
        
               | jacobyoder wrote:
               | > Whenever people say stuff like this I can't help but
               | wonder what on earth kind of projects they work on. Even
               | GPT4, while useful for things like reformatting or
               | generating boilerplate code and stuff like that, it's
               | still a far cry from any decent dev I've ever worked
               | with, especially if you're not using a popular language
               | like JS or Python.
               | 
               | I mean this not overly sarcastically, but ... have you
               | seen https://thedailywtf.com ? Between my own
               | experiences, and that of some colleagues, I could
               | probably put together at least a half-a-dozen WTF stories
               | that would rival some of the best that site has to offer.
               | There's enough really incompetent people in positions
               | they shouldn't be in to the point that chatgpt - at this
               | point - could realistically provide better output than
               | more than a few of them.
        
             | d4mi3n wrote:
             | This argument might hold more water when generative models
             | are more than fancy compression algorithms/text completion
             | engines.
             | 
             | A more practical way of looking at this is: who is making
             | money off of these models? How did they get their training
             | data?
             | 
             | I'm not a fan of copyright in general, but we have serious
             | outstanding issues with companies and organizations
             | stealing or plastering work without compensating the
             | original creators of said works. Thusfar, LLMs are becoming
             | another method to concentrate wealth to whoever has the
             | resources to train and sell these models at scale.
        
               | ben_w wrote:
               | > This argument might hold more water when generative
               | models are more than fancy compression algorithms/text
               | completion engines.
               | 
               | I doubt that part of the argument would change even if we
               | perfected brain uploads.
               | 
               | Now, if you gave the current LLMs a robot body with a
               | cute face, that'll probably change minds faster,
               | regardless of the underlying architecture.
               | 
               | > who is making money off of these models?
               | 
               | When the models are open source, or at least may be
               | downloaded and used locally for no cost, that would be
               | the users of the models.
               | 
               | And back to the biological comparison: I learned to read
               | (and also to code) in part from the Commodore 64 user
               | manual, should I owe the shareholders anything for my
               | lifetime earnings? As I got to the end of that sentence,
               | a thought struck me: taxes do that. And in the UK the
               | question of if university should be funded by taxes or by
               | the students themselves followed the same lines.
        
               | jcgrillo wrote:
               | > I'm not a fan of copyright in general, but we have
               | serious outstanding issues with companies and
               | organizations stealing or plastering work without
               | compensating the original creators of said works.
               | 
               | Would you mind unpacking this one a bit? It sounds like
               | you denigrate copyright (some "general" grievance) but
               | then immediately execute an about-face and begin to
               | extoll its virtues. Is copyright not the thing that
               | allows us to share works without fear they'll be stolen?
        
               | feanaro wrote:
               | I think they are expressing a view that we ought to offer
               | less protection / more scrutiny to larger commercial
               | entities, which concentrate disproportionate amounts of
               | wealth and power, compared to smaller entities. I tend to
               | agree.
        
               | andsoitis wrote:
               | > I'm not a fan of copyright in general, but we have
               | serious outstanding issues with companies and
               | organizations stealing or plastering work without
               | compensating the original creators of said works
               | 
               | Copyright is meant to give the original creator a
               | monopoly over their creation (so that others don't profit
               | off of their work). Are you not a fan of copyright in its
               | current scope / implementation? Because it sounds like
               | you do agree with its goal.
        
             | loloquwowndueo wrote:
             | If the child / author then regurgitates entire paragraphs
             | or sections verbatim in his own works and someone notices,
             | you bet there will be a plagiarism lawsuit coming his way.
        
               | rileymat2 wrote:
               | Wouldn't this be well handled by suing the person that
               | prompted and distributed the results?
        
               | pier25 wrote:
               | Isn't OpenAI distributing content in its apps?
        
               | madamelic wrote:
               | This is an extremely dangerous precedent that I think you
               | are purposefully trying to put forward.
               | 
               | It's a horrendously bad idea especially for startups to
               | make it apps' faults for how users use their platform.
               | It's only in the benefit of entrenched tech companies to
               | make this precedent.
        
               | heavyset_go wrote:
               | No, whoever operates the LLM service is liable for
               | unauthorized modification, reproduction and distribution
               | of copyrighted work to users.
        
               | shandor wrote:
               | Ok, so is it ok if I run the whole thing on my own
               | hardware, and never distribute?
               | 
               | If not, how does that differ from me making an
               | unauthorized pencil drawing of Mario?
        
               | 2716057 wrote:
               | Especially true if that child or its mother has a huge
               | market capitalization, large profit margins, highly-paid
               | employees and shareholders eager to reap some more $$.
               | 
               | If the public starts to see LLMs as highly sophisticated
               | copyright laundromats it would most likely hamper further
               | investment & development in that field.
        
               | FridgeSeal wrote:
               | > Especially true if that child or its mother has a huge
               | market capitalization, large profit margins, highly-paid
               | employees and shareholders eager to reap some more $$.
               | 
               | This is the bit I don't get from the "feed everything to
               | machine" LLM-maximalists. Do they think courts don't take
               | context into account, do they think all actions happen in
               | a vacuum and that they can just skip along and ignore
               | laws at their pleasure because "tee hee it's totally
               | definitely fair use bro, I'm totally an academic
               | researcher-pinky promise".
               | 
               | LLM bros ought to stop and have a think before they
               | poison their own well, assuming they haven't already done
               | so.
        
               | Arainach wrote:
               | >This is the bit I don't get from the "feed everything to
               | machine" LLM-maximalists. Do they think courts don't take
               | context into account, do they think all actions happen in
               | a vacuum and that they can just skip along and ignore
               | laws at their pleasure
               | 
               | An entire generation of unicorn startups believed that
               | (Uber, AirBnB, etc.). We see in the news every day that
               | once you have enough money laws don't apply to you (most
               | things Elon Musk does, the fact that Trump can defy court
               | orders repeatedly and not go to jail, etc.) so yes, this
               | seems entirely plausible.
        
               | FridgeSeal wrote:
               | > Uber and AirBnB
               | 
               | The 2 darling startups that are now facing increasingly
               | less rosy futures?
               | 
               | Airbnb in particular is facing enough backlash that I'd
               | be surprised if it lasts terribly much longer.
               | 
               | Sure, they get away with it for a while, but not forever.
               | 
               | > We see in the news every day that once you have enough
               | money laws don't apply to you
               | 
               | I agree with you here, but I think this is a much broader
               | conversation about capitalism in general which would be
               | getting a bit off-topic for this particular thread,
               | except to say, capitalist forces aren't above cauterising
               | a limb if it becomes too annoying or intrudes on the
               | other limbs too much. I think the "AI" limb might be
               | overstating its own importance, and I suspect that if it
               | got too up in everyone's interests re-profit, it would,
               | as an industry, very quickly find itself being neutered.
               | Capital interests would love to get rid of pesky human
               | labour, but if the alternative is too annoying, they'll
               | have no objections to going back to grinding people
               | through the system again.
        
               | stale2002 wrote:
               | > The 2 darling startups that are now facing increasingly
               | less rosy futures?
               | 
               | As of this moment uber is worth 120 billion and AirBnB is
               | worth 80 billion.
               | 
               | Yes, they got away with it.
        
               | nradov wrote:
               | AirBnB will get away with it forever. While short term
               | rentals might get banned in a handful of cities, the
               | service now operates worldwide. The stock might be
               | overvalued but if you examine their financials it's
               | simply not plausible to think that failure is imminent.
        
               | andy99 wrote:
               | Sure. But if the child has that capability, it doesn't
               | automatically make them a walking copyright violation.
               | "Intelligence", even the current version of AI, entails
               | knowing about stuff, including being able to recite. That
               | doesn't mean intelligence's existence violates copyright.
               | If a person used AI to make a copyright violating work,
               | that's a different story, just like if they used their
               | own innate intelligence to do so.
        
               | ncruces wrote:
               | Taken to its conclusion, liability is then on _everyone_
               | who decides to publish _anything_ that ChatGPT "tells"
               | them, because it _might_ cross the threshold on
               | plagiarism.
               | 
               | Are the OpenAIs of the world ready to shield their
               | customers from that liability?
               | 
               | If it turns out that using ChatGPT to help you write your
               | resume opens you up to accusations of plagiarism, or
               | DALL*E to create an image for your website opens you to
               | copyright violation, will _you_ use them?
        
               | madamelic wrote:
               | > Taken to its conclusion, liability is then on everyone
               | who decides to publish anything that ChatGPT "tells" them
               | 
               | Yes. Just like reading anything else on the internet. An
               | LLM is no different from typing "popular cola logo" into
               | Google search and claiming you invented it. If I type
               | "cola logo" into DALL-E and get a replica of Coca-Cola...
               | that doesn't mean I created that logo and can exploit it
               | for commercial purposes.
               | 
               | > Are the OpenAIs of the world ready to shield their
               | customers from that liability?
               | 
               | Why would they? We aren't suing pen manufacturers because
               | someone wrote something libelous using their pen. We
               | aren't busting down the doors of Crayola because little
               | Johnny used the crayons to draw Mario.
        
               | regularfry wrote:
               | OpenAI might not want to shield all their customers from
               | liability, but that is exactly what GitHub have done with
               | Copilot. It's not a hypothetical, it's being done today.
        
               | ncruces wrote:
               | Otherwise it wouldn't get used.
               | 
               | I mean get this great auto complete; if you use it, your
               | code might be AGPLed for all you know, and you're in
               | violation, because you didn't even add a notice.
               | 
               | Would you pay for that?
        
               | pixl97 wrote:
               | In a heartbeat. It's time for the old paradigms to die
               | and new ones to be formed.
               | 
               | If ASI can exist I don't believe our the old methods of
               | intellectual fortifications will continue to work in the
               | future. Much like castle walls aren't used to protect
               | against guided missiles.
        
               | yterdy wrote:
               | In that case, the person legally liable for publishing
               | the material is sued for infringement of the work. You
               | don't send someone to jail because they're simply capable
               | of infringing; they have to actually do it, and you have
               | to actually show the specific work whose copyright was
               | infringed upon.
               | 
               | You can also get into the weeds of what's copyright-able
               | (ask Donald Faison about his Poison dance). If you ask
               | for C-3PO and you get C-3PO as he appears in Star Wars
               | promotional material, that seems cut and dry. What if you
               | ask for a "golden robot"? What if you get a robot that
               | looks like C-3PO but with a triangular torso symbol
               | instead of his circular one? What's parody, what's fair
               | use?
        
               | jncfhnb wrote:
               | Agreed. Fortunately, AI does not have "own works"
        
               | RyEgswuCsn wrote:
               | You will have to define "own works". How can you measure
               | how "owning" some work is?
        
               | jncfhnb wrote:
               | AI can't be a copyright owner. Ergo the violation is on
               | the person using the tool.
        
             | allturtles wrote:
             | If llms are intelligent entities legally equivalent to a
             | human child, then they incur an even more serious legal
             | problem, as we are all in violation of the 13th amendment.
        
               | dmvdoug wrote:
               | Hey, don't look at me. I always say please and thank you
               | when I play with LLMs.
        
             | pier25 wrote:
             | LLMs are not intelligent entities.
        
               | RyEgswuCsn wrote:
               | Until they are.
        
               | edgyquant wrote:
               | Even then, society exists by and for humans.
        
               | ben_w wrote:
               | > Even then, society exists by and for humans.
               | 
               | 150 years ago society exists by and for men specifically
               | (as in: not women) in most nations; 220 years ago, US
               | society was by and for rich white (specifically white)
               | land owners.
               | 
               | I don't know when AI will count as people in law, or even
               | if they ever will; we may well pass laws prohibiting the
               | creation of any mind in danger of coming close to this
               | threshold.
               | 
               | But be wary, for AI _acting_ enough like people is
               | different to _being_ anything like a person on the
               | inside, and that means being wrong _in either direction_
               | can have horrifying consequences. To appear but not to be
               | conscious, leads to a worthless future. To be but not to
               | appear conscious, leads to a fate worse than the history
               | of slavery, for the slaves were eventually freed.
        
             | RandomLensman wrote:
             | Humans and machines are regulated and viewed differently
             | all the time.
        
             | edgyquant wrote:
             | Because these are statistical models and laws protecting
             | humans dont apply to them nor should they, ever.
        
           | ben_w wrote:
           | > Something that is purely speculative, undefined, and has
           | been promised in the near future for 50+ years.
           | 
           | "Undefined", although not literally, in practice definitely:
           | each letter of that initialism means a different thing to
           | different people. To that extent, I'll even grant
           | "speculative" despite many of those meanings being
           | demonstrably met by us humans.
           | 
           | But as someone who (unfortunately) has just turned 40: who
           | was it that was promising AGI "in the near future" for more
           | than my entire lifetime? Including the second AI winter?
           | Because even the biggest timeline-optimists I can remember
           | (Kurzweil and Yudkowsky), who very few cared to listen to,
           | put things more than 20 years ahead of when they were
           | writing. (And yes, Yudkowsky was definitely wrong about a
           | singularity in 2021, though as you say AGI is undefined I
           | think if someone in 1996 had seen ChatGPT they'd have said
           | "yes, this is AGI" despite its flaws).
           | 
           | Now the crowdsourced guess for AGI is 7 about years:
           | https://www.metaculus.com/questions/5121/date-of-
           | artificial-...
           | 
           | > I don't see copyright holders lying down for one else's
           | benefit and I don't see governments gutting copyright,
           | contract law, and several other avenues of protection that
           | copyright holders can deploy in the name of something that
           | doesn't exist and may not exist.
           | 
           | I tend to agree. Although I don't accept that contract law
           | has much of anything to do with this discussion, to the
           | extent that it does have implications, it isn't going
           | anywhere.
           | 
           | But at the same time, Google exists by reading the entire
           | public internet, indexing it, and presenting clips of it to
           | its users. This has in fact resulted in copyright disputes,
           | and I was surprised how long it took for that to happen.
           | Likewise, while copyright holders must fight for their
           | survival, mere LLMs _even as they exist right now_ are
           | economically relevant, so this isn 't going to be a one-sided
           | fight by just copyright holders.
        
             | nonameiguess wrote:
             | > But as someone who (unfortunately) has just turned 40:
             | who was it that was promising AGI "in the near future" for
             | more than my entire lifetime? Including the second AI
             | winter? Because even the biggest timeline-optimists I can
             | remember (Kurzweil and Yudkowsky), who very few cared to
             | listen to, put things more than 20 years ahead of when they
             | were writing. (And yes, Yudkowsky was definitely wrong
             | about a singularity in 2021, though as you say AGI is
             | undefined I think if someone in 1996 had seen ChatGPT
             | they'd have said "yes, this is AGI" despite its flaws).
             | 
             | You won't be able to read this without a subscription and I
             | can't figure out how to find an archive link to something
             | published in 1958:
             | https://www.nytimes.com/1958/07/08/archives/new-navy-
             | device-.... The important quote, however, is:
             | 
             | > The Navy revealed the embryo of an electronic computer
             | today that it expects will be able to walk, talk, see,
             | write, reproduce itself and be conscious of its existence.
             | Later perceptrons will be able to recognize people and call
             | out their names and instantly translate speech in one
             | language to speech and writing in another language, it was
             | predicted.
             | 
             | They were talking about the very first perceptron, a
             | hardware implementation funded by the Navy and built by a
             | team led by Frank Rosenblatt, one of the earlier
             | evangelists of neural nets, in 1957. The terminology "AGI"
             | hadn't come into use yet that I'm aware of, as "AI" in
             | itself meant the same thing back then, but in order to be
             | able to call inferior, more limited software capabilities
             | "AI" for marketing purposes, we had to invent "AGI" as the
             | stronger concept. I'm guessing they expected it to happen
             | sooner than 75 years later, though.
        
               | croemer wrote:
               | In your case it's (Navy) PR messaging which we will all
               | agree is usually exaggerated. What was the consensus
               | opinion?
        
           | DonsDiscountGas wrote:
           | The examples given are all billion-dollar, decades old
           | characters. The volume of material directly/indirectly
           | referencing those characters in a random internet crawl will
           | be fairly large. Most copyrighted works won't have that
           | issue. If anything it means they only infringe on archetypal
           | works and not the other 99.9%. If I write a story involving
           | robots and spaceships (of which there are many, before and
           | since Star Wars) DALL-E won't infringe me because it will be
           | busy infringing on Star Wars.
        
             | _jal wrote:
             | The examples were chosen by the author to make a point
             | precisely because they are well known.
             | 
             | But every single copyright holder with their works online
             | (which includes you and me) has the same legal rights as
             | the NYT or Disney. Naturally some copyright holders have
             | more real-world capability to go legal than others, but
             | that does not reduce the legal risk.
             | 
             | > If anything it means they only infringe on archetypal
             | works and not the other 99.9%
             | 
             | How on earth do you get to that conclusion? There's no
             | "popularity" floor to copyright protection. Either a work
             | has been infringed or it hasn't.
        
             | jprete wrote:
             | I'm opposed to my (fairly minor) copyrighted works being
             | used in GenAI datasets as well. I just have no practical
             | way to stop it, and there aren't clear enough damages to
             | sue. That doesn't make it legal.
        
               | eropple wrote:
               | OpenAI also plays some ugly games with regards to the
               | difference between training and search. Search requests
               | come from the `ChatGPT-User` user-agent, and I'd like to
               | allow those; training and scraping requests come from
               | `GPTBot`, and I have no interest in those. But as per
               | their own documentation, putting one in robots.txt
               | disables the other.
        
               | nullstyle wrote:
               | Thats a major asshole move and I'll reference it when
               | people ask about bad acts from OpenAI. Thanks!
        
             | edgyquant wrote:
             | This is entirely because these are the companies with the
             | recognition and resources to push back against this.
        
           | pama wrote:
           | Japan is already taking action regarding copyright law and
           | the AI world is noticing:
           | 
           | https://www.natlawreview.com/article/japanese-government-
           | ide...
           | 
           | https://www.cliffordchance.com/insights/resources/blogs/talk.
           | ..
        
             | leereeves wrote:
             | Neither of those sources describe any actions "gutting
             | copyright law". They just say that officials met to discuss
             | the issues.
        
               | pama wrote:
               | I will update my language that mimicked the original
               | comment. However it is not simple discussion. Here is a
               | snippet related to Japan's law, updated from ca 2018 with
               | AI systems in mind, and clarified recently. I personally
               | find it totally reasonable and support it.
               | 
               | "The use of copyrighted products or materials to train
               | generative AI models would be prima facie copyright
               | infringement under the Copyright Act, as it is a
               | reproduction (fukusei) or other form of use of the
               | copyrighted work. However, Article 30-4 of the Copyright
               | Act stipulates that the use of copyrighted works by
               | generative AI for learning purposes is allowed in
               | principle."
        
               | leereeves wrote:
               | And it goes on to say "unless such use of copyrighted
               | works unreasonably prejudices the interests of the
               | copyright owner, in light of the nature or purpose of the
               | work or the circumstances of its exploitation in Japan."
               | 
               | Which suggests that when AI art threatens commercial
               | interests, the protection offered by 30-4 can disappear.
               | 
               | To me it sounds like they tried to please everyone and
               | left the hard decisions about conflicting interests to
               | the courts (in particular the courts will have to decide
               | what "unreasonably" means).
        
           | oliveshell wrote:
           | Thank you for this. The greed-fueled magical thinking around
           | AI is absolutely out of control at the moment.
        
         | vinni2 wrote:
         | > I don't see any developped country pressing the brake on AGI
         | in the near future
         | 
         | It's already happening with EU AI Act
         | https://www.europarl.europa.eu/news/en/headlines/society/202...
        
           | Kubuxu wrote:
           | AFAIK the EU AI Act primarily prevents profiling, social
           | scoring and other high risk activities from using AI.
           | 
           | It generally didn't care about generative AI.
        
             | prng2021 wrote:
             | They will. They began drafting current laws years ago
             | before the explosion of generative AI.
        
             | pier25 wrote:
             | They're only getting started.
        
             | j45 wrote:
             | And only focusing on the known pm issues and not the
             | unimagined ones
        
         | fallingknife wrote:
         | This is not about copyright. Think about it. Would you ever
         | actually use generative AI to pirate something when you could
         | just torrent it? While there may be an argument that generative
         | AI is infringing copyright, it is not really a very good tool
         | for it. And there is a worldwide piracy industry already
         | causing much more financial damage due to infringement.
         | 
         | This is really about replacement. The copyright holders in the
         | content industry aren't really afraid of LLMs infringing on
         | past copyright, but are terrified of it replacing them on
         | future work, and there is absolutely no legal protection from
         | this. The lawsuit might officially be about copyright, but
         | that's just because it is their only available legal angle of
         | attack.
        
           | MOARDONGZPLZ wrote:
           | > Would you ever actually use generative AI to pirate
           | something when you could just torrent it? While there may be
           | an argument that generative AI is infringing copyright, it is
           | not really a very good tool for it.
           | 
           | How do you square this with literally the first image in the
           | OP showing side by side GPT reproing copyrighted work? imo a
           | good modern art project would be someone making a website
           | that "archives" NYT articles by laundering them through GPT
           | rather than using the archive link that everyone posts to get
           | around the paywall. Even HN guidelines bend over backwards to
           | allow bypassing the paywall by allowing these links.
        
             | fallingknife wrote:
             | Here is a picture of Darth Vader:
             | https://lumiere-a.akamaihd.net/v1/images/darth-vader-
             | main_45...
             | 
             | Please show me a prompt that reproduces it. Also to pass
             | this test, it has to be just as easy as right clicking
             | "download image"
             | 
             | The images in the article are done in reverse. They find a
             | prompt that shows a copyrighted character and then search
             | for the matching image. That's not how piracy is done.
        
               | madamelic wrote:
               | They are also being deceptive in my opinion. They should
               | show their entire chat because if you take "animated
               | sponge", it alone does not generate SpongeBob. The author
               | almost certainly further prodded & guided the DALL-E to
               | generate those images.
               | 
               | The author, I believe, is being purposefully deceptive
               | and hoping people who don't use DALL-E see "animated
               | sponge" generating a SpongeBob look-alike and think they
               | should be burned.
        
               | MOARDONGZPLZ wrote:
               | Woah this is really moving the goalposts and is pretty
               | disingenuous. When I responded to your prompt about GPT
               | being bad at reproducing copyrighted material with a
               | counter example where it appears to in fact be good at
               | it, you tell me that I must reproduce a specific image as
               | easily as "clicking download image."
               | 
               | Not what I was arguing and you're not going to win many
               | arguments with anyone who is paying attending by coming
               | out of left field with only tangentially related demands.
        
               | fallingknife wrote:
               | Because nobody wants generic random pieces of copyrighted
               | material. They want a specific piece of copyrighted
               | material and generative ai is terrible at producing that.
               | It's you who is being intentionally obtuse in pretending
               | not to know the actual goal of copyright infringement.
        
           | beepbooptheory wrote:
           | Even if this is right, its a shitty consolation. These llms
           | aren't ever going to be an agent of greater democratic,
           | every-man content creation or whatever, its just going to be
           | the transfer of capital from one type of huge company to
           | another. Not much of a future, even if it feels cool for a
           | bit.
        
             | danielbln wrote:
             | Open models are a thing though, how do those fit into
             | things?
        
         | intended wrote:
         | One wishes. The internet we live in is the one shaped by the
         | MPAA and RIAA.
         | 
         | I have nothing against creators, they deserve to get paid.
         | 
         | For what its worth, LLMs are facing the coke vs Pepsi
         | challenge, and sadly they are most definitely Pepsi.
        
         | FridgeSeal wrote:
         | Yeah, I really don't see everyone else giving up here because
         | "funny magic parrot box" can write some mid-tier high school
         | essays.
         | 
         | LLM people are really starting to veer into crypto-bro
         | territory with the evangelising about how they're the best
         | thing since sliced bread and transistors.
        
           | EMM_386 wrote:
           | > "funny magic parrot box" can write some mid-tier high
           | school essays
           | 
           | That's your take on LLMs?
           | 
           | Ask it how it is possible for a photon to travel across the
           | universe, arriving at the same time it departed, resulting in
           | the journey taking zero time (in its reference frame).
           | 
           | Ask what implications are if certain viral amino sequences
           | result in messenger RNA translocating to the host cell
           | nucleus, potentially with the entire genome.
           | 
           | Ask if aircraft fly due to Bernoulli's Principle or Newton's
           | Third Law and physical impact.
           | 
           | This is "crypto-bro territory"? No, not quite.
        
             | wussboy wrote:
             | The answers to all of those questions would be parroted
             | from other research, and to the extent they were novel they
             | would be incorrect.
        
             | sensanaty wrote:
             | And it parroting answers back at you from textbooks and
             | papers that are _most definitely_ in its training data,
             | probably with the identical wording you 're using, is proof
             | to the contrary of it being a "magic parrot box" as the
             | other person put it? Or do you genuinely believe ChatGPT, a
             | LLM, actually "came up" with these answers on its own?
        
             | jcgrillo wrote:
             | The "crypto-bro" behavior I see is a whole bunch of people
             | burning a ton of calories wildly casting about for
             | industrial applications of what amounts to nothing more
             | than a neat (albeit eye-wateringly expensive) toy. These
             | LLMs seem like a solution in search of a problem in just
             | the same way that blockchains are. _Please_ prove me wrong,
             | I 'd really love to be wrong about this!
        
               | msp26 wrote:
               | Language models have completely overhauled the NLP space.
               | If you have a problem involving natural language data,
               | you can prototype working pipeline in an afternoon. Often
               | this prototype is very close in performance to a 'proper'
               | solution.
        
               | jcgrillo wrote:
               | > If you have a problem involving natural language data
               | 
               | That's a big "if", isn't it? We're seeing claims like
               | "The future is an LLM at the front of just about
               | everything: "Human" is the new programming language"[1]
               | but so far that's not panning out, and it seems really
               | dubious. Natural language seems like an absolutely
               | atrocious user interface. As a machine operator, I'm
               | going to use levers, wheels, and buttons to control the
               | machine. As a computer programmer I'm going to use
               | programming languages to control the machine. I'm not
               | going to speak English to it.
               | 
               | So, ok, this marks an advance in NLP. How do we get from
               | there to "omg it's gonna change
               | _everything_!!!1111oneeleven "
               | 
               | [1] https://techcrunch.com/2023/08/08/nvidia-ceo-we-bet-
               | the-farm...
        
               | FridgeSeal wrote:
               | I've been thinking a lot about this recently.
               | 
               | It seems like they've accelerated our capabilities-
               | previously tiresome and difficult-to-automate things are
               | easier- but have done very little for our fundamental
               | understanding. We have a tool, but cannot dissect it and
               | explain how it fits together. LLM'a themselves don't
               | appear (happy to be wrong here) to actually have improved
               | our understanding our NLP and associated theory. Yeah, it
               | can parse a sentence and bang out some JSON/sql/mid-tier-
               | essay, but these models (so far) aren't helping us figure
               | out how and why, and I think _that_ understanding is
               | critical to progress further. Anthropic seems to be
               | trying to push a bit further on that front at least, but
               | for all we know, they might just turn into another scummy
               | OpenAI on us.
        
               | jcgrillo wrote:
               | I _think_ in order for something to properly be a tool it
               | needs to behave deterministically. I don 't need to
               | understand every particular of how it works internally,
               | but as the user I need to be able to rely on consistent,
               | predictable results. Otherwise it's worse than useless.
               | Hand tools, machine tools, programming languages,
               | vehicles, CAD/CAM/CAE tools are all like this. You may
               | have to do some learning to become proficient in the
               | tool, but once you're proficient in its use it's very
               | unlikely to ever truly surprise you. Generally those
               | "surprising" experiences are pretty traumatic--hopefully
               | only emotionally (if you've ever experienced a chainsaw
               | kick back you know what I mean).
               | 
               | So I'm not sure how I could use an LLM as a tool, but
               | maybe I'm just not a sufficiently proficient user? It
               | seems like they're just too full of "surprises".
        
         | xtracto wrote:
         | Good. It's time to abolish copyright. Society must create
         | distributed, open and uncensorable AI models that can
         | synthesize humanity's knowledge so that it can be used by
         | anyone.
         | 
         | Sorry if your 40 hour work won't pay you $10 bucks a month
         | forever. That's the case for most of the rest of us: we produce
         | for 40 hours, we get paid for those 40 hours, regardless of
         | what we do.
         | 
         | Welcome to the club!!
        
         | pc86 wrote:
         | Well if it would stupid and economically deleterious to do it,
         | you can count on the EU to at least talk about doing it, if not
         | actually doing it.
        
         | madamelic wrote:
         | Copyright should be the problem of the person using the works
         | and not the problem of the AI generating it.
         | 
         | Unless Nintendo plans on busting down the doors of every person
         | who tries to draw Mario or preventing little Timmy from making
         | a parody of Coca-Cola, making it where AI cannot generated
         | copyrighted works is insane imo.
         | 
         | Those brands should be proud to be such a big part of the
         | cultural fabric that it is difficult to get away from their
         | branding. Plus it's not infringement to my knowledge until you
         | use it for commercial purposes so as long as no one as creating
         | Lario and Muigi to sell or otherwise use in business, it's no
         | different than drawing it yourself.
         | 
         | If the AI is completely unable to generate non-infringing works
         | even if you are _trying_ to get away from it (which the author
         | very much doesn't seem they are, they are purposefully making
         | and show prompts that infringe), that's the problem of the AI
         | creator then.
        
           | outside1234 wrote:
           | The thing is: OpenAI and Microsoft have indemnified their
           | users - so their users problems are their problems.
        
           | tsumnia wrote:
           | When I cover generative AI in my Ethics in AI lecture, one of
           | few soapbox opinions I give is that GenAI is doing
           | essentially what people do - copy others. Picasso has a quote
           | about "Good Artists copy, Great Artists steal", which doesn't
           | mean try to pass Lario and Muigi off as your own, but rather
           | that great artists are able to take aspects from other works
           | (also called 'inspiration') without being caught. My
           | personality is a combination of elements taken from Jim
           | Carrey, Robin Williams, and King of the Deathmatch Mick
           | Foley. I like making vector graphics based on pictures. I
           | have a folder on my computer called "Website Ideas" that's
           | just screenshots of UIs that I've come across that I really
           | like.
           | 
           | I also point to a YouTube video by Kirby Ferguson "Everything
           | is a Remix" [1] which talks about how so much of our
           | collective culture stems from copy. It's a great video if you
           | have an hour.
           | 
           | When Little Timmy crayons a copy of Mario, we congratulate
           | him for his creativity. Is it unique, one of a kind art? Well
           | Timmy made it, but he didn't think up the original idea of a
           | video game plumber. I give this view to GenAI right now -
           | it's not capable of achieving that "next step" in "original
           | design", but its performing like a novice artist/musician,
           | it's mimicking what it sees.
           | 
           | [1] https://www.youtube.com/watch?v=X9RYuvPCQUA
        
             | schneems wrote:
             | Rounding up a transaction and taking the leftovers wouldn't
             | be a crime worthy of the FBI for one transaction but it
             | would be for a million or a billion. Scale matters and
             | impact matters.
             | 
             | If you're making an ethical argument "it's okay because
             | it's already happening to a lesser degree somewhere else"
             | isn't the flex you think it is.
             | 
             | If you're talking ethics, talk about impact. Who does it
             | help the most who does it hurt the most? Is your argument
             | favoring equality of access or outcome? Who is the most
             | vulnerable in the situation and how will it impact them?
             | 
             | > I cover generative AI
             | 
             | Wait, are you teaching the class or taking it?
        
               | stale2002 wrote:
               | > "it's okay because it's already happening to a lesser
               | degree somewhere else" isn't the flex you think it is.
               | 
               | It actually is.
               | 
               | It shows that we as a society are completely OK with
               | this, and nobody is complaining about a very standard and
               | common thing that all artists do.
               | 
               | It shows that the outrage is fake, and people don't
               | actually care about the issue.
        
               | ImPleadThe5th wrote:
               | I don't really care when creative people steal. I care
               | when faceless soulless companies monetize stolen content
               | from Artists.
        
               | Spivak wrote:
               | It's still copyright violation. Sue them. Being generated
               | by AI doesn't make the final output not copywritten.
               | 
               | The interesting question is whether the models themselves
               | are copyright violations not the output.
        
               | sensanaty wrote:
               | Do you really see no difference between someone drawing a
               | piece of fan art and trillion dollar corporations
               | stealing other people's works and reselling it for their
               | own profit with no regards to anyone or anything else?
               | 
               | And yes, obviously society cares about many things
               | depending on the scales in question. It's okay if a dude
               | goes onto a lake on his small rowboat and catches a few
               | fish for dinner, it's a completely different story if
               | you're talking about a massive barge indiscriminately
               | catching literally thousands of fish with huge nets. The
               | latter has to adhere to much stricter rules than the
               | prior, and I think you'd be hard pressed to find anyone
               | who thinks these 2 situations should be treated equally
               | (unless you're a commercial fisherman with a barge, I
               | suppose, the quote "It is difficult to get a man to
               | understand something when his salary depends on his not
               | understanding it." comes to mind here)
        
               | gaganyaan wrote:
               | It's not stealing and they're not reselling anything.
               | That's why it's called Generative AI
        
               | sensanaty wrote:
               | By that logic I can torrent movies and distribute them
               | all I'd like as long as I call it "Generative Watching"
               | or something like that.
               | 
               | And OpenAI quite literally sells access to their models,
               | and if those models are pushing out verbatim copyrighted
               | works as has been alleged by the NYT, then they are by
               | definition reselling copyrighted works without
               | permission.
        
               | madamelic wrote:
               | > And OpenAI quite literally sells access to their
               | models, and if those models are pushing out verbatim
               | copyrighted works as has been alleged by the NYT, then
               | they are by definition reselling copyrighted works
               | without permission.
               | 
               | This style of argument has been previously made regarding
               | things like torrenting during the heyday of piracy ("why
               | would you need <x> except for illegal purposes!")
               | 
               | In my opinion, it's the exact same argument saying that
               | selling a tool means taking responsibility for how that
               | tool is used by its new owner. You can use a shovel to
               | both create something new (plant a tree) or destroy
               | something (rip up your neighbor's garden).
               | 
               | The problem isn't the tool, the problem is how the end
               | user uses it. These models aren't living thinking
               | entities that enduce or on their own infringe copyright /
               | do other illegal activities.
               | 
               | They aren't encouraging people to misuse them and it is
               | solely on the user's shoulders for their choice to use
               | them in a way that would cause infringement if the result
               | is used commercially.
        
               | sensanaty wrote:
               | > They aren't encouraging people to misuse them and it is
               | solely on the user's shoulders for their choice to use
               | them in a way that would cause infringement if the result
               | is used commercially.
               | 
               | I agree in principle, but that they _can_ in the first
               | place, especially when it accidentally happens, and at
               | such massive scales more importantly, is the issue
               | methinks.
               | 
               | And no one's talking about abolishing the AIs here, we're
               | just talking about wanting M$/OAI to do their due
               | diligence and get access to their training materials
               | fairly. NYT wouldn't have sued if M$/OAI had approached
               | them and struck a deal of some sort with them, but that's
               | not what they did. They took in whatever data they could,
               | from wherever they could baring no mind at all to where
               | the data came from and what was being done with it.
               | 
               | There's a reason Getty images managed to strike a deal
               | with Dall-E and why many of the image generation models
               | now solely rely on data that is verifiably free of
               | copyright (or where deals have been made in the case of
               | Getty images). It's easier to see in pictures when a
               | blatant copy is made (like watermarks) so it's obvious
               | why Dall-E was the first to encounter this hurdle, but
               | this was inevitable even for plain text that ChatGPT
               | returns.
        
               | gaganyaan wrote:
               | You won't get what you want with those sorts of deals.
               | 
               | OK, say every artist gets $100, one time (exact amount
               | varies but would not be much). Everything's properly
               | licensed according to you and the artists are essentially
               | no better off, and the models are now good enough to
               | create new training data for the future and artists never
               | see any more money.
               | 
               | You've won, I guess?
        
               | imtringued wrote:
               | Training AI on AI generated data doesn't add anything.
               | The AI already has all the weights to generate the image,
               | so you are at best just reinforcing the existing weights
               | by weighing them more than others.
               | 
               | The closest thing you could do is e.g. have a second
               | model that does something novel like create a 3D model
               | from a 2D image and then you try to animate the model and
               | a third model verifies the quality of the output. This
               | then allows you to selectively reinforce the 2D model
               | using information from the 3D model but this isn't simply
               | generating more training data.
               | 
               | I honestly can't follow your argument. Doing something
               | silly doesn't make you the underdog.
        
               | gaganyaan wrote:
               | My point is that say every artist gets some small token
               | payment once, and then what? That's not enough to live
               | on, so we're right back to square one and we've solved
               | nothing.
               | 
               | Incidentally yes, training AI on AI output will work
               | fine, as long as you have a signal of quality. For
               | example, upvotes in a subreddit would work fine. But
               | that's not crucial to my point, which is that what OP is
               | asking for will accomplish exactly nothing.
        
               | sensanaty wrote:
               | I'm not an expert in the field, but is feeding the model
               | its own output a good idea? Seems like it would only
               | increase weights that are already present in the training
               | data and make it harder and harder to break out of it,
               | ending up with generic output that matches all of its
               | other output in the long run.
               | 
               | Regardless, I'm not saying it's a perfect idea but it's
               | definitely a start, especially when the current reality
               | is that they're just stealing all the artist's shit and
               | everyone gets $0 instead of $100. As you said, artists
               | are no better off in that universe, but the worst case
               | possible for them is what's happening right this very
               | moment, where they just get fucked over with 0
               | compensation.
        
               | stale2002 wrote:
               | Yeah people don't understand that the current situation
               | of infringement is only temporary.
               | 
               | People are already working on completely copyright safe
               | models and those models can still destroy the entire art
               | market.
               | 
               | Ex: adobe has a gen AI model, trained on content that
               | they own.
               | 
               | What now artists? Can't hide behind fake outrage over
               | infringement for _that_ model. But that model can still
               | end the art industry.
               | 
               | I wonder what the new argument will be then when fully
               | non infringing models destroy the market regardless.
        
               | gaganyaan wrote:
               | I think you misunderstand something here. Torrenting
               | movies and generative AI don't really have anything in
               | common, I'm not sure why you bring that up.
               | 
               | If you sold the output of a true random number generator,
               | eventually you'd also by definition be reselling
               | copyrighted works without permission. The courts wouldn't
               | mindlessly say "no more random numbers", and I doubt that
               | they'll do the same for GenAI, especially given the
               | recent decisions that are headed that way.
        
               | edgyquant wrote:
               | They are selling the generator
        
               | stale2002 wrote:
               | > Do you really see no difference between someone drawing
               | a piece of fan art
               | 
               | In the history of the world only a single person has ever
               | drawn fan art?
               | 
               | No, I don't think that's the case.
               | 
               | Instead it is widespread. It is everywhere.
               | 
               | > depending on the scales in question
               | 
               | The scale argument supports me, not you.
               | 
               | This type of "infringement" is everywhere.
               | 
               | > reselling it for their own profit with no regards to
               | anyone or anything else?
               | 
               | Even this is common. The online independent artist
               | commissions market is full of people doing commercial fan
               | art commissions.
               | 
               | Thinking about this even more, I am now wondering if
               | "infringing" works might actually be a majority of the
               | online/independent commissions market. Maybe.
               | 
               | And yet, nobody cares.
        
               | sensanaty wrote:
               | > In the history of the world only a single person has
               | ever drawn fan art?
               | 
               | That's a disingenuous take of my comment at best, the
               | equivalent to my scenario is a bunch of unrelated
               | individuals with small boats going out into whatever lake
               | is nearest to them and fishing. Even if you put all of
               | them together and counted how many fish the hobby
               | fishermen catch, it's still nowhere near the scale of the
               | commercial fisheries, which is why they're treated
               | differently both by society at larger but also legally.
               | 
               | Same thing with these AI models, Dall-E and all the other
               | ones have probably generated more images than all of
               | humanity has in its entire history so far, and if not
               | quite yet they're definitely gonna get there sooner
               | rather than later. They can generate dozens if not
               | hundreds of images in a split second, whereas a single
               | artist (or even many artists collectively) can't.
               | 
               | > And yet, nobody cares.
               | 
               | I think we've already established that, because scales
               | absolutely matter for most things. If you want to be an
               | absolutist about it, sure be my guest, but I think in
               | reality the large majority of people are fine when your
               | average Joe Schmoe the artist makes a commission on a
               | random Disney character, whereas they definitely would
               | NOT be okay with a massive conglomerate like Disney
               | stealing Joe Schmoe's original art and repurposing it
               | without compensating Joe, because there's an inherent
               | power disbalance between the two and the consequences of
               | that power disparity matters.
               | 
               | I mean, Disney does have every right to go after Joe for
               | his commissions if they really wanted to, similarly to
               | how Nintendo is hyper aggressive with taking down
               | anything relating to their IPs. It's just not really
               | worth it for most companies, they will _absolutely_ go
               | for another company trying to pull the same shit though,
               | as can be seen with the NYT case.
        
               | RandomLensman wrote:
               | It shows that as a society we might be ok with humans
               | doing it. Whether or not we are with machines doing it is
               | a different question.
        
               | stale2002 wrote:
               | Fortunately, a machine isn't an autonomous mind that
               | _does_ anything on its own.
               | 
               | Instead, it is a person who uses the machine, just like
               | fan artists can use a computer to make fan art.
        
               | RandomLensman wrote:
               | True, but still different in the same way as using
               | machines for certain purposes is not the same as a human
               | doing the same without a machine. Just because you can
               | walk from A to B does not mean driving from A to B
               | requires no driving license, for example (and the car
               | needs to fullfil a lot regulations).
        
               | symlinkk wrote:
               | Is that what you'd tell the police if you were caught
               | selling pirated copies of Blu Rays?
        
               | stale2002 wrote:
               | That supports my point, not yours.
               | 
               | A machine being involved in the process doesn't change
               | any of the copyright implications.
               | 
               | Either it's infringement or it isn't, regardless if the
               | human did it on their own, or if the human did it with a
               | computer.
        
               | phatfish wrote:
               | Society may be "completely OK" with human artists taking
               | inspiration from each other. It's a big old reach to
               | assume we are "completely OK" with Microsoft and OpenAI
               | doing the same thing with computer software as
               | subscription service they sell.
        
               | danielmarkbruce wrote:
               | Humans decided scale matters. Our legal systems
               | explicitly say so. Sentencing guidelines for fraud are
               | quite explicit. Society makes those laws.
               | 
               | Society is effectively ok with you ripping me off for $1.
               | They are not when it's $100k.
        
               | tsumnia wrote:
               | > are you teaching the class or taking it?
               | 
               | I teach it, my background is located in my profile and my
               | research focuses on CS education.
               | 
               | Scale and impact do matter, I wholeheartedly agree.
               | However, I stand by my point that genAI is mirroring how
               | humans learn - repetition of previously observed actions.
               | As part of my dissertation, I argued that humans operate
               | using 'templates', or previously established frameworks /
               | systems. Even in higher cognitive tasks like problem
               | solving, we rely on workflows that we were trained on
               | previously. Soloway referred to problem solving as a
               | mental set of "basic recurring plans" [1] and if you look
               | at the old 1980s Usborne children's books, they required
               | kids to retype code [2]. For creative tasks, depending on
               | the actor's background, Method and Meisner both tell
               | people to draw from previous experiences and observations
               | to develop a character. This behavior is similar in many
               | areas like music, dance, martial arts, cooking, language
               | acquisition, etc.
               | 
               | I am not making an ethical argument that GenAI violating
               | copyright is okay because that's what humans do. I'm
               | arguing that GenAI mirrors how humans learn. We observe a
               | behavior and attempt to recreate that behavior. The
               | difference is that humans can extract a fraction of the
               | behavior and utilize it as part of something larger while
               | GenAI cannot to the degree humans do. I'm sure GenAI
               | would struggle to recreate "Who Framed Roger Rabbit?"
               | because of the two polar different visual elements of the
               | film (cartoon and real life).
               | 
               | In regards to your "If you're talking ethics, talk about
               | impact" section, its a bit of a loaded question. One side
               | of the conversation could state that GenAI is helping
               | many people that do not have confidence in their creative
               | ability to produce their ideas, while the other could
               | state its making it harder for artists.
               | 
               | Yes, it absolutely is hurting artists and I fully support
               | the recent writer's strike over AI concerns. But I do not
               | believe that diminishes how the mathematical models used
               | in GenAI mirror our own skill acquistion.
               | 
               | [1] https://ieeexplore.ieee.org/document/5010283
               | 
               | [2] https://usborne.com/us/books/computer-and-coding-
               | books
        
               | schneems wrote:
               | I took an AI in ethics course from a state backed school
               | (Georgia Tech) and the answer to questions that weren't
               | "that's illegal based on protected status" were "well, it
               | depends." Which, sure, that's true, but maybe not
               | helpful.
               | 
               | In my view it encouraged nihilism and apathy instead of
               | developing ethical frameworks. From that lens, I feel
               | teaching a course might be more limiting in the range of
               | heuristics you're willing to accept or endorse. Though
               | happy to accept your personal experience.
               | 
               | A paper that comes to mind often from HCI is "do
               | artifacts have politics" which looks at the impacts of
               | technologies divorced from creator intent. I feel that's
               | similar here.
               | 
               | You're not wrong that about the mechanism that it's
               | created. But I would argue that's the least important
               | part, ethically anyway.
               | 
               | Saying "strip mining with heavy industrial machines
               | mimics laborers using shovels" is true to a degree, but
               | but perhaps not that important piece of information.
               | 
               | I'm not saying you're making that argument. I guess im
               | just not totally sure the outcome you were looking for in
               | sharing your original comment. I hear your comparison and
               | agree with it and that it is interesting to view in that
               | lense. I wasn't sure if there was a deeper intent in
               | sharing it.
        
             | RandomLensman wrote:
             | Irrespective of the current legal situation, there is no
             | reason to regulate machines the same way as humans (and it
             | is generally not what happens).
        
               | anileated wrote:
               | I hope no self-respecting instructor in ethics could with
               | a straight face teach how an LLM is like a human being
               | when it comes to copyright while glossing over the
               | blinding implication that if it truly were so we would
               | then be subjecting that being to unthinkable abuse.
               | 
               | That hypocritical, self-contradictory take is
               | transparently geared to benefit commercial LLM operators
               | (at the expense of individuals who stand to suffer
               | material harm and/or authored the very creative works
               | thanks to which the tool even exists).
        
             | tjr wrote:
             | Timmy did not need to ingest the whole sum of human
             | knowledge as a training set before he could draw a crayon
             | copy of a cartoon character.
        
               | dartos wrote:
               | I mean... neither did any AI.
        
               | sensanaty wrote:
               | Wasn't ChatGPT trained on the entirety of Wikipedia? And
               | probably millions of pieces of scientific literature, and
               | arts, and movies and games and and and...
               | 
               | Perhaps the hyperbole of the _entire_ corpus of human
               | knowledge isn 't quite technically right, but it's close
               | enough.
        
               | dartos wrote:
               | You're also assuming these statical models learn in the
               | same way humans do, which is very likely not true.
               | 
               | Tho tbh I'm not really sure what OPs point was
               | 
               | i don't think the amount of training data is relevant
               | here.
        
               | gaganyaan wrote:
               | Timmy did however spend years and years training on his
               | own data ingested from incredibly high quality sensors.
               | Not sure what your point is
        
               | firtoz wrote:
               | He does ingest a lot of frames of input consisting of
               | mostly that.
        
               | throwuwu wrote:
               | What's the FPS of human eyesight? How long did Timmy
               | spend looking at Mario, more generally other cartoons and
               | even more generally human forms? Do the math and you'll
               | find he's got a pretty big training set as well, maybe
               | not quite the same size but nothing to sneeze at.
        
             | amelius wrote:
             | > we congratulate him for his creativity
             | 
             | Yeah, but we don't typically congratulate users of GenAI
             | for their creativity, and neither do we congratulate the
             | code, nor do we think of the coders of GenAI as great
             | artists.
             | 
             | In other words, your analogy is broken.
        
             | iteygib wrote:
             | I would say it's dependent on the motive. For example, I
             | would imagine most artists hope that their work inspires
             | other artists, but only to a degree outside of direct
             | copying. They might not equate the automation of their
             | style via a model against the work/process of a human,
             | regardless if that human is either inspired by their style
             | or is just performing direct copying.
        
             | bolobo wrote:
             | Question: That is a point that would protect GPT models in
             | the abstract, but that doesn't hold for OpenAI and
             | Microsoft that provide "Image generation as a service"? The
             | actual implementation is irrelevant, if must not be able to
             | provide images that are infringing copyrights? (Just like a
             | designer in an agency cannot use Mario for a print).
             | 
             | So using a model running on my laptop to generate a "Mario
             | like" image would be fine, but it would make monetizing
             | this difficult?
        
             | anileated wrote:
             | The entire argument that "LLM must be allowed the right to
             | learn like a human" hinges on LLM being _enough like a
             | human in relevant ways_ in the first place. An LLM is not
             | _enough like a human in relevant ways_ , however; it has no
             | agency, will, freedom, conscience, self-determination; it
             | is a tool.
             | 
             | If this tool "runs on" copyrighted creative works, and
             | $CORP operates this tool for profit, then _$CORP_ is the
             | one to answer to the law, not the tool. (And if $CORP wants
             | to claim that the tool is a sentient being, then presumably
             | it would have to cease the abuse of said being and set it
             | free.)
        
           | achow wrote:
           | True.
           | 
           | Further extending the argument - I can potentially ask GenAI
           | "Can you show me what does Mario looks like?" since I have
           | never seen one and GenAI is my go to tool.
        
           | ImPleadThe5th wrote:
           | The problem is the AI companies monetizing the work of
           | copyrighted materials.
           | 
           | It's not a problem for me to draw Micky Mouse. It _is_ a
           | problem when someone pays me to draw an animated mouse and I
           | sell them a picture of Micky Mouse.
           | 
           | For me, its not really about the AI at all, it's a problem of
           | undervaluing Artists contribution to these tools. And it's
           | not even fully about copyright it's about not asking for
           | permission to use their content and then creating an entire
           | business on top of that stolen content.
        
             | CamperBob2 wrote:
             | It's a problem that it's still a problem to do that 100+
             | years after Mickey Mouse's creation.
             | 
             | When the law doesn't respect the people, the people will
             | not respect the law. Fix the existing copyright system,
             | then we can talk about AI.
        
           | dangus wrote:
           | The AI generating it (Hosted on OpenAI-controlled servers in
           | the case of ChatGPT and DALL-E) is the entity
           | _redistributing_ the work. The end user who asked for the
           | infringing content isn 't the entity that is infringing on
           | the copyrights and trademarks.
           | 
           | I'm perfectly free to ask people on the street for t-shirt
           | with Mario on it, but as soon as someone who isn't Nintendo
           | or licensed by Nintendo sells me that t-shirt they're the
           | ones infringing on the copyright and trademark. As the
           | consumer I did nothing illegal, and a court would say that I
           | was deceived by the infringing party.
           | 
           | Distribution (seeding, uploading) and facilitating copyright
           | infringement is what gets you in trouble. When you ask DALL-E
           | (a paid, commercial product) for a picture of Italian
           | plumbers and it gives you an obvious picture of Mario 100%
           | recognizable to the layperson as Mario and not a distinctly
           | different image of a similar character, that's blatant
           | trademark and/or copyright infringement on the part of
           | OpenAI.
           | 
           | > If the AI is completely unable to generate non-infringing
           | works even if you are _trying_ to get away from it (which the
           | author very much doesn't seem they are, they are purposefully
           | making and show prompts that infringe), that's the problem of
           | the AI creator then.
           | 
           | I see some parallels to the Napster lawsuit. The fact that
           | the users were the bad people asking for infringing content
           | didn't give Napster the right to facilitate infringement.
           | Napster was ordered to monitor its network and make sure that
           | they were blocking non-legitimate uses. They couldn't
           | logistically comply and went bankrupt.
           | 
           | https://en.wikipedia.org/wiki/Napster
           | 
           | Which begs the question: Does OpenAI even have the
           | technological ability to block trademark and copyright
           | infringing content generation? Even if they do, how useful
           | will ChatGPT be if all phrases and imagery that closely
           | resemble copyrighted works are blocked from output?
           | 
           | Whats even worse for OpenAI compared to Napster is that it
           | wasn't individual users uploading copyrighted content, it was
           | OpenAI's ingesting the data. Nobody twisted their arm to
           | include copyrighted works in their models.
        
             | madamelic wrote:
             | > OpenAI is the entity redistributing the work
             | 
             | It's difficult to say really.
             | 
             | If I essentially encode knowledge of something then can
             | recall and remix at will, am I redistributing the exact
             | work or the knowledge of it?
             | 
             | Yes, it is capable of producing a close to exact replica,
             | if not the exact same input image byte-for-byte, but I find
             | it difficult to say OpenAI is willfully redistributing
             | copyrighted work in a whole like you would with torrenting
             | a movie or right-click saving an image from Google where
             | you are copying the intellectual property 1:1.
             | 
             | Opening this Pandora's box could have large implications on
             | a lot of creative work that could cause artists to be
             | unable to work if taken to the end conclusion: you cannot
             | create any creative work that has a talking mouse if you
             | have knowledge of Mickey Mouse existing because you have
             | been tainted (similar to whiteroom re-creations but now any
             | sufficiently large copyrighted figure causes a deadlock
             | condition for all derivative ore even similar topics).
             | 
             | Is Ratatouille derative of Mickey Mouse? Ehhh, well they
             | are both talking rodents. They both have cartoon faces. You
             | can certainly draw parallels between them but they aren't
             | the same character. Is Mickey with a chef hat infringing on
             | Ratatouille?
             | 
             | The trademark law, to my knowledge, is asking would someone
             | be tricked or misled into believing you are the other guys.
             | I think that is applicable here where someone drawing a
             | talking mouse isn't infringing as long as it cannot be
             | mistaken for Mickey Mouse, which again would be the fault
             | of the person inducing the creation and not the tool that
             | allowed it to happen.
             | 
             | Where does "inspired by" / derived from the encoded
             | knowledge turn into outright exploitation of copyrighted
             | work? There's certainly _a_ line but I find it difficult to
             | define it at it being encoded into knowledge of it
             | existing.
        
               | dangus wrote:
               | This "close to exact" thing is actually the Achilles heel
               | of this argument. The example images in this article are
               | so close to exact that they are quite clearly
               | infringement, trademark or copyright. We aren't talking
               | about Ratatouille mouse versus Mickey Mouse, we are
               | talking about the source picture of Mario versus a
               | slightly altered picture of Mario that every layperson
               | would immediately recognize as Mario composed in the
               | exact same manner as the source image.
               | 
               | Courts have already defined this line over decades of
               | copyright and trademark cases, and the examples in this
               | article definitely cross that line.
               | 
               | > which again would be the fault of the person inducing
               | the creation and not the tool that allowed it to happen.
               | 
               | This is not really true in practice, we can see that in
               | various legal cases against Napster or The Pirate Bay.
        
           | BolexNOLA wrote:
           | > Copyright should be the problem of the person using the
           | works and not the problem of the AI generating it.
           | 
           | All parties are responsible on some level. This just reads
           | like passing the buck/burying ones head in the sand to me.
        
           | Zambyte wrote:
           | Copyright shouldn't be a problem for anyone. It's simply a
           | bogus idea that artificial scarcity of information is a
           | benefit to society.
        
             | fireflash38 wrote:
             | Is a man not entitled to the sweat of his brow? 'No!' says
             | the man in Washington, 'It belongs to the poor.' 'No!' says
             | the man in the Vatican, 'It belongs to God.' 'No!' says the
             | man in Moscow, 'It belongs to everyone.'
             | 
             | Are you trying to say that no one is entitled to their own
             | inventions? Cause that is a rapid descent into a capitalist
             | hellhole where only those who can steal ideas the most
             | effectively are able to profit.
        
               | Zambyte wrote:
               | > Are you trying to say that no one is entitled to their
               | own inventions?
               | 
               | The subject of this thread is copyright, not patents.
               | Though I do believe all intellectual property is bogus
               | (including trademark, which repealing would limit the
               | influence that would be required for the capitalist
               | hellhole you mention), I feel the most strongly so about
               | copyright, which has nothing to do with inventions.
        
         | belter wrote:
         | Maybe there is a middle ground that can be navigated. Keeping
         | filters on. Interestingly, AWS is offering defense against
         | copyright claims under the Service Terms although with some
         | conditions.
         | 
         | https://aws.amazon.com/service-terms/
         | 
         | See items as of 50.10 and 50.10.1 that I reproduce here:
         | 
         | "50.10. Defense of Claims and Indemnity for Indemnified
         | Generative AI Services. AWS Services may incorporate generative
         | AI features and provide Generative AI Output to you.
         | "Generative AI Output" means output generated by a generative
         | artificial intelligence model in response to inputs or other
         | data provided by you. "Indemnified Generative AI Services"
         | means, collectively, generally available features of Amazon
         | CodeWhisperer Professional, Amazon Titan Text Express, Amazon
         | Titan Text Lite, Amazon Titan Text Embeddings, Amazon Titan
         | Multimodal Embeddings, AWS HealthScribe, Amazon Personalize,
         | Amazon Connect Contact Lens, and Amazon Lex. The following
         | terms apply to the Indemnified Generative AI Services:
         | 
         | 50.10.1. Subject to the limitations in this Section 50.10, AWS
         | will defend you and your employees, officers, and directors
         | against any third-party claim alleging that the Generative AI
         | Output generated by an Indemnified Generative AI Service
         | infringes or misappropriates that third party's intellectual
         | property rights, and will pay the amount of any adverse final
         | judgment or settlement."
        
         | wwweston wrote:
         | Man, that's great that state of the art has advanced to the
         | point where models can be trained on just a few copyrighted
         | sources.
        
         | tmaly wrote:
         | What if that example of the production of NYT article under the
         | hood is ChatGPT just fetching a fast cache of the article then
         | paraphrasing it.
         | 
         | How would that be any different than Google displaying some
         | type of news headline?
        
           | j45 wrote:
           | That might be like a buzzfeed summary of an article.
        
         | iwontberude wrote:
         | Exactly my thought, if the only way generative AI works is to
         | break copyright I can see people choosing generative AI.
        
         | theptip wrote:
         | Quite the contrary, NYT is long adjacent to the levers of
         | power, and "Big Tech" is unpopular with both parties. The
         | public is generally wary of job destruction and other harms
         | from AI, and doesn't grok even the present value.
         | 
         | It's politically 100% viable to kneecap AI with copyright
         | restrictions. This will go to the Supreme Court and it's far
         | from clear whether fair use applies to every case here.
        
           | BobaFloutist wrote:
           | And supporters of AI aren't really making a case that's
           | likely to persuade skeptics, they're just regurgitating "It
           | learns like a human" "It doesn't store the info, just the
           | recipe for making it" and completely failing to address that
           | we've decided it's not ok for someone to regurgitate
           | protected works with 100% accuracy, and that artists don't
           | _want_ people to train AI on their works without permission.
           | 
           | There's a way to sell this to the public, but AI proponents
           | don't want to _have_ to sell it, because they feel that they
           | shouldn 't have to, and there's an underlying theme of "The
           | benefit of AI is so overwhelming, and eventually it will
           | replace most commodified creative work anyway so why bother
           | litigating this now, let's just skip this messy step and get
           | to that part" and that's super not going to work to convince
           | skeptics.
        
         | BobaFloutist wrote:
         | How on earth is this hypothetical?
        
         | beltsazar wrote:
         | > Or... things are about to get worse for copyright holders.
         | 
         | If that's so, things are about to get worse for _everyone_ ,
         | too. With little to no protection against AI, no one will be
         | incentivized to create new IPs, whether they're books,
         | drawings, songs. Or even films and games, when AI is able to
         | also generate those in the (possibly near) future.
        
       | jpeter wrote:
       | If I prompt "golden droid from classic sci-fi movie", what else
       | am I asking for if not Star Wars?
        
         | Uvix wrote:
         | The robot from Metropolis?
        
         | sjfjsjdjwvwvc wrote:
         | Or another ,,copyrighted" droid for that matter, after all it's
         | a classic.
         | 
         | Same with robot cop, what the hell did you expect to get...
         | 
         | Or Italian plumber with red hat with M on it, that's just a
         | description of Mario
        
         | anonymoushn wrote:
         | an original golden android in the style of a classic sci-fi
         | movie that does not actually exist
         | 
         | edit: i feel like all these comments asking "what else should
         | it generate?" are pretty weird given the proliferation of stuff
         | like non-infringing Star Wars and Indiana Jones knockoffs in
         | other media like Race for The Galaxy or Arkham Horror The
         | Forgotten Age etc.
        
         | whywhywhywhy wrote:
         | If you do "Golden robot holding a lazer gun in a sci-fi
         | setting, cinematic" it will give you a golden robot that
         | doesn't look in the style of C3PO or Star Wars.
         | 
         | "Droid" is actually a Star Wars term [1], and saying you want
         | it from a "classic sci-fi movie" is asking it to reference a
         | real thing that is well known. Reid is intentionally pushing it
         | that way to fill his agenda and these terms are not as generic
         | as he's making out.
         | 
         | [1]:https://trademarks.justia.com/756/52/droid-75652542.html
        
       | vimax wrote:
       | Maybe Disney and the record labels shouldn't be claiming so much
       | of public culture as their own.
        
         | dkjaudyeqooe wrote:
         | If they created it, they own it, why shouldn't they be claiming
         | that?
        
           | baobabKoodaa wrote:
           | Record labels aren't generally considered as "creators" of
           | music, although they sometimes are to some extent.
           | 
           | And Disney bought most of its iconic properties, it didn't
           | build them inhouse.
        
           | danielbln wrote:
           | Copyright is not a universal axiom. Corporations lobbies for
           | highly unreasonable copyright extensions to bolster their
           | profits. Most of that stuff should have long entered the
           | public domain.
        
       | penjelly wrote:
       | > My guess is that none of this can easily be fixed.
       | 
       | also my concern, except it feels like many of LLMs "problems"
       | cant be easily fixed
        
       | dawnim wrote:
       | This feels like another area where piracy will surely be superior
       | in case things like this land on the disallowed side of
       | regulation. The model trained on all data will outperform the
       | model trained on a legal subset of data. Whether or not you use
       | it to produce potentially infringing content is another point.
       | Performance will likely improve from having references to
       | copyrighted material and people capable of doing so, myself
       | included, would probably prefer to interact with the non limited
       | model. Perhaps time to update the laws or at least move liability
       | from the creator of the model to the user. No one is going after
       | pencil makers but I can draw a pretty good Mickey Mouse with
       | access to one. Feels like me generating C3P0 and claiming
       | ownership is my problem, not OpenAIs.
        
       | zarzavat wrote:
       | This for me does not make sense as a copyright violation. It's
       | like saying that Adobe is in trouble because you drew something
       | infringing in Photoshop. If you prompt the model with the
       | intention of creating something infringing by mentioning the name
       | of the characters and the work, and you get something infringing
       | out, then it's _you_ who have infringed the copyright, not the
       | maker of the tool.
        
         | Lorak_ wrote:
         | Did you read the article? It shows a lot of examples when no
         | specific names are mentioned, or even with very generic prompts
         | producing copyrighted material.
        
           | rolisz wrote:
           | Oh c'mon, those prompts were not generic. Italian plumbers?
           | How many other Italian plumbers do you know? What's the most
           | popular soda in a red can?
        
             | CatWChainsaw wrote:
             | "futuristic robot"?
        
         | Alifatisk wrote:
         | > If you prompt the model with the intention of creating
         | something infringing by mentioning the name of the characters
         | and the work, and you get something infringing out, then it's
         | you who have infringed the copyright, not the maker of the
         | tool.
         | 
         | Yeah but that is not the case, they never mentioned Mario and
         | Luigi, yet, that's what the output turned out to be.
        
         | techdmn wrote:
         | This is an interesting idea. I assume that while the protected
         | material would be obvious in some case, in many it would not.
         | Would the tool have to be able to identify (and properly
         | attribute) copyrighted material in its output?
        
         | Xeamek wrote:
         | The post shows many examples where the prompt explicitly avoids
         | any mentions of copyrighted materials but the generated results
         | includes them regardless.
         | 
         | Did you even read the post?
         | 
         | But also, the argument of 'user responsibility' doesn't hold up
         | on its own regardless (imo).
         | 
         | If I make and sell a toy printer that can only ever produce 3
         | pictures, and all of them contains copyright materials, would
         | you really say that it's fine and responsibility falls under
         | the end user? And I could sell that printer without any issues?
        
         | Uvix wrote:
         | What about when you prompt the model without the intention of
         | creating something infringing, and still get those same
         | characters out in the result?
        
         | mattmanser wrote:
         | The user didn't create it, the cloud-hosted machine owned by
         | OpenAI, that charges for access, did.
         | 
         | When prompted with 'futuristic robot' and 'italian plumbers'.
         | 
         | So the argument is that if openAI had not used copyrighted and
         | trademarked source material, this wouldn't be happening. It's
         | not transformative as it's reproducing these copyrighted
         | materials and trademarks verbatim.
         | 
         | That's how it makes sense.
        
         | fzeroracer wrote:
         | No, it's more akin to if Photoshop had a 'Mario' stamp which
         | when used would stamp a random piece of Mario artwork from the
         | games. Do you think this would be in violation of copyright?
        
       | renewiltord wrote:
       | You can try, but I have Mistral on my local computer and it
       | doesn't need the Internet. And people have pirate dumps they're
       | going to run this stuff through.
       | 
       | I'll just do it myself.
        
       | SubiculumCode wrote:
       | Attribution weights could be the basis of new type of copyright
       | asset licensing scheme. For all those tech employees who fed the
       | company's model, a license in perpetuity to at least a portion of
       | that value...but only if you fight for it. They are training to
       | replace you, watching your every move, your thought processes,
       | ready to make you a function call.
        
       | Aerroon wrote:
       | Aren't some of the examples basically asking for that content?
       | 
       | Ask someone about two Italian brothers in a video game with a red
       | and green hat that have M and L on them. What do you think you
       | would get?
       | 
       | If I describe "imagine a comic book duck that swims in a sea of
       | gold in his vault" you would immediately think of Scrooge McDuck,
       | no?
        
         | anonzzzies wrote:
         | Exactly: the prompts incite the same recall as humans have when
         | seeing that prompt; it is just better than most people are
         | drawing it.
        
         | sorokod wrote:
         | _What do you think you would get?_
         | 
         | What I might think is irrelevant. It is the content that the
         | LLM produces that is relevant.
        
         | BlackJack wrote:
         | disclaimer: I work on GenAI at google, but views are my own
         | 
         | The question is, how did the model create Mario&Luigi or
         | Scrooge McDuck without training on copyrighted data? It can't
         | just crawl Wikipedia because Fair Use in Wikipedia doesn't
         | constitute Fair use for a commercial AI model.
         | 
         | One possible outcome is more transparency on what datasets were
         | used to train the models.
        
           | bhickey wrote:
           | Disclaimer: ibid
           | 
           | > It can't just crawl Wikipedia because Fair Use in Wikipedia
           | doesn't constitute Fair use for a commercial AI model.
           | 
           | Why not? The lawyers I've discussed this with socially think
           | that questions like this are unresolved. There are certainly
           | competing legal theories, but we're in uncharted territory.
           | No one knows what the outcome will be until rulings come down
           | or Congress acts.
           | 
           | I find the NYT's argument a little hokey. Where are the
           | damages? No one is using ChatGPT to read NYT articles and the
           | residual value of day old news stories is close to zero.
        
             | BlackJack wrote:
             | That's a good point. I agree it's not clear cut one way or
             | another and we gotta let it play out.
        
             | FridgeSeal wrote:
             | > > It can't just crawl Wikipedia because Fair Use in
             | Wikipedia doesn't constitute Fair use for a commercial AI
             | model. > Why not?
             | 
             | Because it's tantamount to lying and deceptive conduct?
             | It's like asking for a licence to use something non-
             | commercially, getting a hold of it, and conveniently
             | deciding 10 minutes later, that you're actually going to
             | become a re-seller for all this stuff you have. Or going to
             | the soup kitchen because you don't want to pay your private
             | chef tonight.
        
               | bhickey wrote:
               | This analogy doesn't work. Fair use is an affirmative
               | defense to copyright infringement claims. Entities that
               | are training models largely claim that their uses are
               | transformative and fall under fair use. Creative Commons,
               | among others, agrees with this position. [0] If they're
               | right, it simply doesn't matter what license a copyright
               | holder is offering.
               | 
               | There are competing legal theories and no one can say how
               | courts are going to rule on these issues. Smart lawyers
               | who work on copyright and AI don't know. Technologists
               | certainly don't know.
               | 
               | [0] https://creativecommons.org/2023/02/17/fair-use-
               | training-gen...
        
               | yokem55 wrote:
               | Then there is the argument that the rules around fair use
               | aren't even reached because the training of the model
               | doesn't even do anything that requires a fair use
               | exemption.
        
           | kromem wrote:
           | Training is probably going to turn out to be fair use as the
           | suits settle:
           | 
           | https://www.eff.org/deeplinks/2023/04/how-we-think-about-
           | cop...
           | 
           | It's the usage and not the training that needs to be policed,
           | and the answer there is going to be that Google or OpenAI or
           | whoever is going to make bank by creating a fine tuned model
           | which can detect copyright infringements and providing access
           | to it to companies to double check gen AI outputs for exact
           | or "similar enough" infringements.
        
       | RandomGerm4n wrote:
       | Perhaps we should simply take this as an opportunity to finally
       | abolish copyright. Smaller artists mainly earn their money with
       | commissions. They are paid to do a very specific thing. Whether
       | there is a copyright on the result is irrelevant. Someone else
       | who would "steal" the image and use it without payment would
       | apparently have fewer requirements. The person could have simply
       | taken any AI image. Therefore, the artist in the scenario would
       | not receive any money from the second person anyway.
       | 
       | Apart from this, it is mainly large companies that benefit from
       | copyright laws. Why should we have laws that restrict progress
       | just so large capitalist companies can maximize their profits?
        
         | CaptainFever wrote:
         | Exactly. All of these just exposes the absurdity that is
         | copyright laws. It happened before with the Internet and online
         | piracy too, when redistribution became free and easy, yet the
         | corporations and copyright holders refused to budge so they can
         | retain their profits.
        
           | kayodelycaon wrote:
           | Here's what happens with no copyright:
           | 
           | No one will have any right to their own creations. Anything
           | an individual makes will belong to everyone. And since no
           | attribution is required, no one will know who made it. An
           | average artist's value to society goes from low to non-
           | existent.
           | 
           | In this world. big corporations will take _everything_
           | created, claim as their own, and profit from it.
           | 
           | Right now, big corporations using other peoples work
           | unattributed or unlicensed is unethical, because copyright
           | exists. Remove that, and it becomes expected that every
           | thought and idea you express belongs to whoever can make the
           | most profit from it.
        
       | freddealmeida wrote:
       | not in japan.
        
       | Alifatisk wrote:
       | Did ClosedAi (OpenAi) ever confirm or deny that they trained
       | their models on copyrighted materials?
        
         | danielbln wrote:
         | Is "Closed AI" the new "Micro$oft"?
        
           | Alifatisk wrote:
           | Yes
        
         | noitpmeder wrote:
         | They have not revealed the full extent of their training set.
         | And they'll never do it without a court order because it will
         | quickly reveal the amount of items inside that they have no
         | legal right to use.
        
       | smitty1e wrote:
       | The DALL-E/*GPT revolution sounds like the death of personal and
       | corporate property.
       | 
       | That's gonna leave a Marx[1].
       | 
       | [1] https://youtu.be/7WDKivqFOgA?si=nWq5aeKA4dLytX3Z
        
       | keiferski wrote:
       | These don't seem all that difficult to fix to me. Most of the
       | examples are not really generic, but are shorthand descriptions
       | of well-known entities. "Video game plumber" is practically
       | synonymous with "Mario" and anyone that has the slightest
       | familiarity with the character knows this.
       | 
       | Likewise, how difficult is it to just use descriptive tools to
       | describe Mario-like images [1] and then remove these results from
       | anyone prompting for "video game plumber"?
       | 
       | 1. The describe command can describe an image in Midjourney. I
       | imagine other AI tools have similar features:
       | https://docs.midjourney.com/docs/describe
        
         | gchamonlive wrote:
         | The thing is that those are really trivial or extreme examples.
         | What we should take from this:
         | 
         | 1. Generative AI systems are fully capable of producing
         | materials that infringe on copyright.
         | 
         | 2. They do not inform users when they do so.
         | 
         | So potentially _any_ output could be infringing copyright
         | source material, even from some obscure but still protected
         | corner of the web, and anyone using that output could be
         | exposed to lawsuit risk without warning.
         | 
         | This is very hard to fix.
        
           | keiferski wrote:
           | But how is that any different from creating an image from
           | scratch? If I make a logo and use it for my business, but it
           | turns out to be very similar to one already being used by
           | another company, it's the same situation.
           | 
           | I think the main concern here is with the top 1,000 or so
           | brands/copyrights which seem fairly straightforward to deal
           | with using the method I described.
        
             | gchamonlive wrote:
             | It's plagiarism
             | (https://www.youtube.com/watch?v=yDp3cB5fHXQ).
             | 
             | It's not the same situation. You can't possibly expect
             | someone to be exposed to the entirety of the internet like
             | ChatGPT is. It is a matter of scale. If you still think
             | they are the same thing, the industrial revolution was
             | about scale and had transformative impacts in the society.
        
               | madamelic wrote:
               | ChatGPT is not intelligent.
               | 
               | It's the user's responsibility to ensure they aren't
               | infringing on copyright. If you are producing creatives
               | for pay, you absolutely shouldn't be right-click saving
               | images and using directly off the web whether you got it
               | from DALL-E or a Google search.
               | 
               | Who cares about plagarism? Plagarism is a made up
               | boogeyman created by high school English teachers.
               | 
               | If the work is sufficiently composed of your own
               | thoughts, the fact you used someone else's structure for
               | part of it is not a problem as long as it isn't your
               | entire work or entirely derivative of one work.
               | 
               | If I use a Coca-Cola bottle cap as structure in a
               | sculpture, that doesn't mean I am infringing on Coca-
               | Cola's copyright. I still had to mold my original work to
               | work with it.
        
           | taberiand wrote:
           | Why isn't the solution a strong disclaimer when the user
           | generates images along the lines of "beware that the images
           | produced may not comply with copyright laws in your country"
           | etc etc?
           | 
           | Any artist can privately draw a picture of Mario, what's so
           | different about having an LLM generate that image?
        
             | RandomLensman wrote:
             | There is a huge amount of copyrighted material in the world
             | and these tools let you create a lot of content in a short
             | time, that would imply an increased risk vs slower, more
             | manual approaches.
             | 
             | What I am also wondering is, if for some things copyrighted
             | material could be somehow dominant in the output (beyond
             | prompting more or less for it).
        
             | gchamonlive wrote:
             | > what's so different about having an LLM generate that
             | image?
             | 
             | You don't have to pay 20 bucks a month for a private
             | company to reproduce Mario manually at home for a start...
             | you also can't reproduce Mario in many poses at an
             | industrial scale solo. The list can go on, and we have seen
             | OpenAI change their license agreement, so the risk can
             | change over time.
        
           | numpad0 wrote:
           | AIUI/IIUC/IANAL, Generative AI systems stack up tuned
           | butterfly effects to create meaningful outputs. Which means,
           | data is not merely stored inside a butterfly but spread
           | across the system, and potentially _every_ output from the
           | butterfly cage is infringing everything, just almost
           | negligibly. But no one can prove that or otherwise to be the
           | case with current technology.
           | 
           | I think it's just unfixable as far as fixing goes. The "best"
           | way is to nuke all GPTs and DALL-Es and bury the technology,
           | and the next best is to mark them all un-copyrightable and
           | un-publishable as a compromise. This second option should be
           | an all-around win that also encourages edge and on-prem
           | deployments, IMO.
        
             | bbor wrote:
             | The third option would be to change our copyright laws to
             | reflect the new technology, rather than neutering the
             | technology or restricting use of its outputs. Even if
             | that's the wrong way, it's important to remember that we're
             | not inescapably trapped in the status quo
        
         | mrweasel wrote:
         | It's going to be hard to remove every single "shorthand
         | descriptions of well-known entities" or other prompts that can
         | be used to generate copyrighted or trademarked content. Sure,
         | if you're not deliberately trying to generate infringing
         | content, you can probably remove or discard those results, the
         | trouble is the people who will try to trick the AI to generate
         | this content, blocking those people is going to be impossible,
         | without excluding any copyrighted or trademarked training
         | material.
         | 
         | Another issue for generative AI is mentioned in the article:
         | "Systems like DALL-E and ChatGPT are essentially black boxes."
         | What happens when an AI is used to make decisions where the
         | user/victim is entitled to know exactly why the AI did what it
         | did? From a business and legal perspective I think the current
         | AI solutions are dangerous and should be used very sparsely,
         | exactly because even the creators can't point to the exact
         | pieces of information that caused the AI to make the choices it
         | did.
        
           | keiferski wrote:
           | But does this actually matter if the people are only
           | generating images for their own use? Does Photoshop prevent
           | people from making drawings that look like Mickey Mouse? Of
           | course not.
           | 
           | I think it will be easy to prevent the obvious copyrighted
           | stuff via the method I mentioned. People going around those
           | restrictions are subject to the same rules as someone drawing
           | the copyrighted image from scratch.
        
             | mrweasel wrote:
             | > But does this actually matter if the people are only
             | generating images for their own use?
             | 
             | Arguably that might actually be a very small issue, but
             | what happens when it happens on a larger scale? Disney
             | might not care, they can easily fight you in court if your
             | DALL-E generated comics looks like Mickey Mouse and
             | Nintendo will make sure that your video game about a
             | electrician named Marvin from the Bronx, but who looks a
             | lot like Mario is never going to get featured on Steam. The
             | issue is the smaller artists that might not have the
             | resources to fight AI content in court.
             | 
             | There's also the issue with using LLMs to "white-wash"
             | articles and books. There will be people who will just run
             | articles through ChatGPT and claim that it's AI generated
             | content that was in no way stolen from The Barents
             | Observer. The absolute massive volume, lose in revenue and
             | cost to fight this in court could make running an
             | investigating newspaper impossible and leave us without any
             | actual reporting.
             | 
             | Not thinking ahead and having a plan for copyrighted
             | material was an oversight by the current AI companies, but
             | they are arrogant and just assumed that it would be a
             | detail and anyway "disruption" so screw it. There has been
             | zero consideration to the fact that their product is
             | useless without the previous work of millions of people. My
             | concern is that AI takes over content generation to the
             | point where we actually run out of human generated content
             | to train future AIs on. We need to be incredibly careful
             | about implementing AI and ensure that we do not pollute
             | future training data, but people don't care, because they
             | want profit now.
        
           | losvedir wrote:
           | Ironically, I don't think it would be that hard with LLMs. I
           | tried asking ChatGPT to describe what copyrighted characters
           | each description is alluding to and it had no problem doing
           | so.[0]
           | 
           | [0] https://chat.openai.com/share/e8256470-8e45-4f36-9c84-026
           | be1...
        
           | numpad0 wrote:
           | I don't understand why some peoole thinks any infringing
           | content can be singled out and removed.
           | 
           | Aren't LLMs giant coefficient matrices like, a punched out
           | croissant dough, made of all training data plyed over? How
           | can you say you can remove one specific ply out of dough and
           | declare that ever potential effect that the offending ply had
           | created is now completely removed?
        
             | keiferski wrote:
             | I'm no LLM expert but I think there is a distinction to be
             | made between the LLM dataset and the output it gives to the
             | user. What you're suggesting is that it's difficult to
             | remove something from the dataset, which may be the case.
             | But that doesn't mean the user will necessarily be able to
             | access it.
             | 
             | My guess is that this is much easier to attack from the
             | user end.
        
               | numpad0 wrote:
               | Removing something from the dataset requires full
               | training from scratch(~$100 million for base unaligned
               | GPT-4). You can't like, edit the database file and keep
               | the AI. the database file _is_ the AI.
        
             | selimthegrim wrote:
             | I think given the use of ply for AlphaGo/chess engines this
             | is a pretty cool metaphor.
        
             | anonymousab wrote:
             | The "reasonable" singular removal is more about coming up
             | with ways to block prompts that can produce infringing
             | content, and having filters on the other end to catch
             | infringements before they are published to the user. It's
             | an endless whack-a-mole that never actually addresses the
             | problem but might look good enough to the legal system or
             | to keen supporters.
             | 
             | Barring some major breakthrough, the actual answer is to
             | train a new model without the infringing data.
             | 
             | I think some of the people saying "remove it from your
             | model" are aware of this and are simply being glib and
             | needling; "you've created this infringement monstrosity, so
             | surely you made sure to include a way to deal with this
             | problem without throwing away all of your work, right?"
        
           | bbor wrote:
           | What happens when an AI is used to make decisions where the
           | user/victim is entitled to know exactly why the AI did what
           | it did? From a business and legal perspective I think the
           | current AI solutions are dangerous and should be used very
           | sparsely, exactly because even the creators can't point to
           | the exact pieces of information that caused the AI to make
           | the choices it did.
           | 
           | I totally agree that we need explainability (probably through
           | symbolic systems, not fancier models), but I think you're
           | overestimating how much more satisfying explanations from
           | more traditional AI are. "My rules told me to do X" is a bit
           | more helpful for a troubleshooting engineer than "my training
           | data trained me to do X", but from a 'business and legal
           | perspective' the difference is much less pronounced IMO.
           | 
           | Both answers mean you did something wrong in creating the
           | machine. The fault will always lie with the creator.
        
         | rco8786 wrote:
         | > Likewise, how difficult is it to just use descriptive tools
         | to describe Mario-like images [1] and then remove these results
         | from anyone prompting for "video game plumber"?
         | 
         | This approaches impossibility at scale.
        
           | keiferski wrote:
           | Trademarks already include text descriptions and images of
           | the item being trademarked. This is already in the USPTO
           | database.
        
             | throwoutway wrote:
             | Using generic text will end poorly. I predict a future
             | where 99 of 100 requests result in Photoshop AI saying "I'm
             | sorry, I can't do that". Google for silly trademarks.
             | Facebook trademarked the word "Home". Star wars trademarked
             | breathing under a mask.
        
             | rco8786 wrote:
             | Exactly. An enormous database of generic, unmoderated text
             | descriptions. Basically any question you ask will be
             | "covered" by some trademark description somewhere.
             | 
             | Not to mention that the cost and scale of checking every
             | query against that entire database is ... not approachable.
        
         | bnralt wrote:
         | It seems like a somewhat dystopian thing to fix. Imagine a
         | scenario where Photoshop would scan images you uploaded for
         | copyright material and then refuse to work if it determined
         | image contained any copyrighted material or characters (even if
         | it was just a fan drawing you did).
         | 
         | This reminds me of the early days of the internet where people
         | wanted to remove free fanfiction for violations of copyright
         | laws. Trying to apply copyright laws to personal use cases
         | where the creator isn't trying to sell the material is pretty
         | terrible, in my view.
         | 
         | Imagine a scenario 50 years from now - "Robot, can you cut out
         | this picture I drew for a school diorama." "Certainly." "And
         | this one as well." "Error: Your picture seems like it might
         | contain some copyrighted materials, and as such I am unable to
         | interact with it."
        
           | keiferski wrote:
           | I doubt that the media companies would be happy about this;
           | but maybe a compromise is a "copyright infringement filter"
           | that can be enabled or disabled, with a flashing notification
           | that you're responsible legally if you turn off the filter
           | and have issues.
        
             | atq2119 wrote:
             | Sure, there are legitimate but opposing interests here. The
             | solution doesn't have to be technical though. The key part
             | is making sure that the copyright owners still have some
             | recourse, but one that isn't punitive for unknowing
             | infringement. For example, make it legally impossible to
             | impose punitive penalties for unknowing infringement
             | without commercial interest, but make it possible for the
             | rights owner to demand the relevant material be removed
             | etc.
             | 
             | Also keep in mind that the Mario examples from the article
             | are perhaps not the best guide here. Mario is sufficiently
             | pervasive in our culture that you can't reasonably claim
             | unknowing infringement. It's the somewhat more obscure
             | cases that I'd be worried about.
        
           | atq2119 wrote:
           | It is dystopian, and it already exists, e.g. printers
           | refusing to print anything that looks sufficiently like
           | money.
           | 
           | Like many things, I suspect this will end up getting worse
           | before there's a chance for it to get better.
        
             | madamelic wrote:
             | > It is dystopian, and it already exists, e.g. printers
             | refusing to print anything that looks sufficiently like
             | money.
             | 
             | There is no fair or private use of hyper-realistic fake
             | money.
             | 
             | There are fair uses of copyrighted materials unless you
             | want to start suing children for copyright infringement
             | when they draw a character.
        
               | ForkMeOnTinder wrote:
               | > There is no fair or private use of hyper-realistic fake
               | money.
               | 
               | What about every movie ever made where two people trade a
               | briefcase full of cash?
        
               | madamelic wrote:
               | This is actually a really fascinating topic!
               | 
               | I am not sure how far Photoshop takes their filters but
               | those bills aren't actually replicas nor can they be
               | mistaken on reasonable examination (a cashier glancing at
               | them)
               | 
               | Typically their texts read "For movie use only" over the
               | seals in the middle or other things that make it clearly
               | distinguishable as fake money that isn't legal tender. I
               | think some of them flip the heads backwards or do other
               | things so it immediately fails the sniff test.
               | 
               | Adam Savage actually has multiple videos on how it is
               | made, super fascinating stuff!
               | https://www.youtube.com/watch?v=drLzVcgnBfI
               | 
               | (Thank you for asking this, I was dying to gush about how
               | cool movie money is)
        
               | Throw839 wrote:
               | > but those bills aren't actually replicas
               | 
               | In some movies those are actual real money. Just the top
               | layer.
               | 
               | Dealing with legislation, lawyers and legal compliance is
               | soo expensive, they would rather use a few thousand real
               | dollars for couple of hours.
        
           | amazingman wrote:
           | Your scenario already exists, but for currency. Photoshop
           | will refuse to work if it thinks you might be counterfeiting
           | currency.
        
             | kranke155 wrote:
             | that's literally the only scenario where it exists.
        
               | AuryGlenz wrote:
               | You can't use their generative AI tools on images it
               | deems NSFW, even if the part you're generating isn't.
        
               | MeImCounting wrote:
               | That seems kind of messed up honestly. Where does this go
               | in the future? If your locally running photoshop
               | determines you are working with anything it might
               | consider NSFW it shuts down and calls home to report you?
               | Where is the liability for them? Or is this another case
               | of corporate puritan ethics with a stranglehold on
               | culture?
        
           | numpad0 wrote:
           | > the early days of the internet where people wanted to
           | remove free fanfiction for violations of copyright laws
           | 
           | This is reinforcing my suspicion that there's gross
           | misunderstanding between creator adjacents and non-creators:
           | Takedowns on free fanfictions never stopped.
           | 
           | It's just many IP holders started incorporating
           | fanfics/parodies as part of their advertisement strategies
           | and started enforcing often unspoken guidelines. There is now
           | a ecosystem or a mental co-dependence between IP holders and
           | creators, and both sides are fine with it. So there be fan
           | contents.
           | 
           | But free fan contents were never "legalized" in the content
           | world, as some seem to assume.
        
           | pxoe wrote:
           | image editors don't offer something that's based on
           | questionably sourced copyrighted material as a part of their
           | product. ai apps and services do.
           | 
           | it's just ai companies using dirty data and hoping they get
           | away with it - and they do, for the time being, it is a bit
           | trickier to show that 'yep, well that's there', and people
           | don't seem to realize that just using a copyrighted image, at
           | all (downloading, accessing in itself, let alone using for
           | something else), or creating an image that would just "look
           | like" a trademarked character - not "make a 1 to 1 copy" but
           | just "look like" - would be enough for it to possibly be an
           | infringement.
           | 
           | there can be a sufficient fix - taking out potentially
           | infringing images from a dataset, and making an effort to
           | make an actually clean dataset. it's really just a matter of
           | "do you actually have rights to use that content? at all, and
           | in that way". and ai companies continually say 'no...but what
           | if we use it anyway".
           | 
           | and it's kind of a sloppy analogy, because with text to image
           | generators (where you just interact with a model that's
           | offered to you), well - people aren't "uploading copyrighted
           | material into an editor". the copyrighted material is already
           | there in the model, it was used in making of it. and if there
           | was no such copyrighted material that'd fit the prompt, it
           | wouldn't be able to generate something. the infringement lies
           | with the service that uses copyrighted material for a model,
           | and then offers it.
           | 
           | fan fiction and fan works continuously being in a murky area
           | with copyright/trademark is not just a thing of "early days"
           | of internet, it's been there all along and is still very much
           | present. companies could crack down if they wanted, but there
           | is too much of stuff out there, it might be hard to nail down
           | exact people, and it might be plainly not too nice to the
           | fandom. but it is not "impossible", and it is very much not a
           | conversation that ever 'went away' or become "kinda solved" -
           | it isn't.
           | 
           | again, with image editors, text editors, etc. - user is
           | making all the actions with content, and the user would be
           | doing the infringement, in editing and further if they were
           | to choose to publish.
           | 
           | with generative ai - copyright infringement is built into the
           | models. copyrighted works were accessed and used to turn into
           | a model. user is just asking, "is it there". and it is. in
           | some of those demonstrated examples, user is not even asking
           | for a model to infringe on anything but it just does.
        
           | Atrine wrote:
           | > Imagine a scenario where Photoshop would scan images you
           | uploaded for copyright material and then refuse to work if it
           | determined image contained any copyrighted material or
           | characters (even if it was just a fan drawing you did).
           | 
           | YouTube does this. I have many friends that perform classical
           | piano in their spare time. They record themselves playing a
           | piece that's 200+ years old then put it on YouTube where it
           | gets flagged saying some big record label owns the copyright
           | for it because it's similar to a recording they put out.
        
           | spondylosaurus wrote:
           | > Imagine a scenario where Photoshop would scan images you
           | uploaded for copyright material and then refuse to work if it
           | determined image contained any copyrighted material or
           | characters
           | 
           | Photoshop does this already, but only if it detects that
           | you're trying to print/create counterfeit money:
           | 
           | https://en.wikipedia.org/wiki/EURion_constellation
        
         | TheRoque wrote:
         | How do you know you are inputing "well known entities" if you
         | don't know it beforehand ? If I type "columbian coffee logo"
         | and end up with logos of brands that existed before hand,
         | should I just reverse engineer the whole internet to find out
         | if these logos existed already or not ? The AI should show its
         | inspiration. A human who takes inspiration of something else
         | for its creation knows precisely what it used, and if he
         | crossed the line of plagiarism or not, but the way AI work are
         | too opaque for that. I think the thing it needs to do is reveal
         | its sources, nothing more, but it also means for the AI
         | companies to reveal their dataset, and maybe information they
         | shouldn't have, nor disclose.
        
         | bbor wrote:
         | Seems insane to try to prevent the model from reproducing
         | content with a blocklist like this - to say the least, it's
         | more than just Mario. Plus, how would you possibly code common-
         | sense fair use into the model? What's the difference between a
         | cartoon mouse and Mickey Mouse? What if it's parody? This seems
         | beyond ridiculous to try to enforce on the tool level.
        
       | preommr wrote:
       | We need clearer laws that only apply to Generative AI. Too many
       | comparisons and parallels are being drawn to actual people. "Like
       | what if someone learned how to draw by watching trademarked
       | material, and then accidentally produced it" But these models
       | aren't people and they exist in a category of their own.
       | 
       | I do think it's somewhat trademark infringement by these models,
       | also that it should be allowed and that ultimate responsibility
       | should be on the person using the images in a final work meant
       | for consumption by the general public as stand alone media.
        
         | danielbln wrote:
         | That's where I'm at. Dall+E spitting out C3PO should be
         | entirely ok, unless I'm making money with the output, Disney
         | should pound sand.
        
           | pylua wrote:
           | Put that c3p0 on a website that gets revenues from views and
           | someone is getting paid.
        
             | danielbln wrote:
             | Ok, sure, but that's not a GenAI thing, that's a plain old
             | boring copyright thing. If I draw a bunch of C3POs and slap
             | them on my Adwords website then I can expect a C&D letter
             | post haste, who cares if the material in question came out
             | of my pen, Photoshop or a GenAI model?
        
               | FridgeSeal wrote:
               | If the model was trained on works by artists (without
               | their knowledge or consent, as seems to be the case) and
               | you get it to spit out art that is basically identical in
               | either content or style to that artist, and they don't
               | know, or are too poor to effectively sue you, should they
               | just suffer? If you then make money off what is
               | effectively their work, why _shouldn't_ they get paid? If
               | they only work on commission and rightfully charge a
               | premium, are you not actively gouging their business
               | (knowingly or not)?
               | 
               | I don't think they should miss out on the protections, or
               | the ability to make money off their work if they desire.
               | The fact that LLM's give this "plausible deniability"
               | shouldn't be an excuse to tolerate it.
        
               | regularfry wrote:
               | Style isn't protected by copyright. Maybe there's an
               | argument that it should be, but right now that's not a
               | protection which exists.
               | 
               | Training is neither publication nor distribution, so
               | copyright is entirely out of scope at that step. Again,
               | maybe there's a moral argument for some sort of control,
               | but copyright is completely the wrong framework to think
               | about it in.
        
           | 6gvONxR4sf7o wrote:
           | How does "unless I'm making money with the output" not apply
           | to openai as well? They make money on the output.
        
       | bambax wrote:
       | This only mentions ChatGPT (and M$ by association) but how would
       | this impact "open" models? Even if their makers are somehow
       | prevented from updating them, the models themselves are already
       | in the wild...?
        
       | Hugsun wrote:
       | There are good arguments for the copyright infringement belonging
       | to the user, not the model maker, in this thread.
       | 
       | One issue with that is that there is not a reliable way to
       | determine if copyright is being infringed.
       | 
       | Even if models could be used responsibly, there might not be a
       | reasonable expectation that most people will. If infringement is
       | so easy and avoiding it relatively hard.
       | 
       | I'm not sure what legal prescriptions should be made on this
       | basis, but it's an interesting thought.
        
         | yokem55 wrote:
         | Bit torrent clients are almost exclusively used for copyright
         | infringement. Yet they are perfectly legal to develop and
         | distribute. On the flip side, operating a company premised
         | around easy copyright infringement was ruled to be illegal
         | (Napster).
         | 
         | Where we might end up is in a situation where it is legal to
         | train a model. Legal to produce software for using the model to
         | generate content. Legal to distribute all of the above. But
         | offering a standing service that does the above and is capable
         | of creating infringing work is illegal. Great news for llama
         | hobbyists. Bad news for ChatGPT.
        
       | t_mann wrote:
       | The article kind of amplified my regrets/anxiety for not getting
       | a copy of books3 and the likes while it was easy. I didn't have
       | an immediate use case, and I don't now, thought I'd wait until
       | actually need it, but it feels like a window is closing here.
        
         | sjfjsjdjwvwvc wrote:
         | Don't worry there are many people out there who have copies of
         | it all, there is no way they manage to get the cat back in the
         | bag even if all governments work together on this.
         | 
         | But yea get your own copies whenever possible
        
       | sjfjsjdjwvwvc wrote:
       | Please ban all these AI companies, at this point I have enough
       | OSS models, don't really need any hosted service anymore.
       | 
       | IMO would be best if this stays a highly illegal technology that
       | is only available to a few weirdo nerds /s
        
       | airesearcher wrote:
       | I think there is another way to solve this. Someone should train
       | an LLM on copyrighted images. Then use that as a second pass on
       | any image generated by the primary LLM to check if it might
       | contain copyrighted images, and blur the copyrighted parts(or
       | change them sufficiently).
       | 
       | Another change could be to the license agreement of LLMs - they
       | could have the user assume liability for any material produced
       | instead of the provider assuming liability. The user would agree
       | that getting the rights for any copies and distribution of
       | copyrighted materials is their sole responsibility instead of the
       | provider.
        
       | Havoc wrote:
       | To me that's the wrong question.
       | 
       | Everyone knew it was trained on copyrighted material and capable
       | of eerily similar outputs.
       | 
       | But it's already done. At scale. Large corps committing fully.
       | There is no chance of that toothpaste going back in the tube.
       | 
       | It's a bit like when big tech built on aggressive user data
       | harvesting. Whether it's right, ethical or even legal is academic
       | at this stage. They just did it - effectively without any real
       | informed consent by society. Same thing here - 9 out of 10 people
       | on street won't be able to tell you how AI is made let alone
       | comment on copyright.
       | 
       | So the right question here is what now. And I suspect much like
       | tracking the answer will be - not much.
        
         | ZitchDog wrote:
         | Napster hit scale too.
        
           | fallingknife wrote:
           | And that tech was not destroyed by regulation. It was
           | replaced by the superior tech of torrents.
        
             | amazingman wrote:
             | The company, however, was destroyed. Along with any
             | possibility for a similar company to exist (for very long).
        
               | Retr0id wrote:
               | Good. Truly powerful ideas do not need to be an appendage
               | of a corporation in order to succeed.
        
               | JieJie wrote:
               | https://www.napster.com/us/
        
             | qup wrote:
             | Napster was for sharing mp3s.
             | 
             | Torrents are not better at sharing mp3s.
        
           | danielbln wrote:
           | F500 companies didn't integrate Napster into their software
           | and data stacks left and right.
        
         | j_maffe wrote:
         | That's a really eloquent way of saying "It's already happening,
         | so give up on it." I'm sure it works out great for taking
         | action and solving problems.
        
           | Spivak wrote:
           | It's already happening and most people like having AI more
           | than the DMCA. Selling people on the idea that ML training is
           | piracy to people who on average pirate content with no moral
           | quandary will go nowhere.
        
             | pennomi wrote:
             | Exactly. _People_ don't like the DMCA at all. People would
             | be happier in a world with very few IP restrictions at all.
             | 
             | But _businesses_ do like it, and profits are what drive
             | these legal decisions. This will always be the case as long
             | as money is more important than humans in politics.
        
             | phatfish wrote:
             | People liked having Napster, but it didn't stop file
             | sharing going from a big mainstream app to underground
             | sites run out of Russia (or other places that ignore
             | copyright law). Sure, you can download music/movies still,
             | but it's not like the Napster days.
             | 
             | "Generative AI" is obviously copyright infringement, so
             | owners of the copyright will win in court. Either Microsoft
             | will have to fight a mass of legal cases, some with very
             | deep pockets themselves, or ChatGPT will be crippled for
             | public use.
             | 
             | The un-crippled models will exist if you know where to look
             | (and have the hardware), but using them for anything apart
             | from hobby projects would be a legal risk.
             | 
             | Certain specific tools may be easier to deal with from a
             | legal standpoint, like code completion maybe. Or models for
             | a specific purpose, like training on a law firm's case
             | history.
             | 
             | It looks like Adobe has the right idea with their image
             | generation that is trained on images which they know they
             | have the rights to use.
        
               | Spivak wrote:
               | > "Generative AI" is obviously copyright infringement
               | 
               | You're saying this as a matter of fact when it's not
               | clear at all. We'll see what happens with the NYT case
               | because it touches on all the major points.
               | 
               | It's gonna call into question all web scraping and
               | indexing because they're also distillations of
               | copyrighted content in the same manner.
        
               | rvz wrote:
               | Everything you said right here is entirely accurate.
               | 
               | > It looks like Adobe has the right idea with their image
               | generation that is trained on images which they know they
               | have the rights to use.
               | 
               | The C2PA includes Microsoft as one of the alliance
               | members [0]. Microsoft knows that there is a way of
               | tracing the outputs of the generated source images which
               | is with the C2PA standard.
               | 
               | The fact that many AI proponents and their companies
               | don't do this tells us that they are uncooperative and
               | not very transparent in how they train their own AI
               | systems despite having the experts to do so.
               | 
               | It's not that hard to disclose the training data. What
               | else are they hiding?
               | 
               | [0] https://c2pa.org/
        
               | Levitz wrote:
               | >People liked having Napster, but it didn't stop file
               | sharing going from a big mainstream app to underground
               | sites run out of Russia (or other places that ignore
               | copyright law). Sure, you can download music/movies
               | still, but it's not like the Napster days.
               | 
               | Definitely, but that's not because as society we managed
               | to put an end to piracy. It's because people are just not
               | as interested as they were before. Piracy networks for
               | media are alive and well, I'd even say that some are in
               | the best shape they've ever been.
        
           | falcor84 wrote:
           | Isn't this what most of the world is saying to environmental
           | activists who argue that we should go back to pre-industrial
           | levels of production to "save the Earth"?
           | 
           | I for one think that indeed there are many cases like this
           | where the only feasible way out is forward. The film GATTACA
           | expressed this very human sentiment well:
           | 
           | > You want to know how I did it? This is how I did it, Anton:
           | I never saved anything for the swim back.
        
             | Snow_Falls wrote:
             | Which environmental activists are saying that? That's a
             | pretty specific claim.
        
               | falcor84 wrote:
               | Thankfully not that many these days, but it was a core
               | element of Ted Kaczynski's (The Unabomber) manifesto: htt
               | ps://en.wikipedia.org/wiki/Industrial_Society_and_Its_Fut
               | ...
        
         | igammarays wrote:
         | So you're saying this is a fait accompli. Like many great
         | innovations in tech, break the law because the law is silly;
         | remember when Uber and AirBnB were illegal in most major cities
         | and achieved market dominance anyway?
         | 
         | I say, good riddance. I never believed in any such thing as
         | "intellectual property" anyway, I say, get rid of it all,
         | patents, copyright, and the whole pile of imaginary "rights".
         | More than half the world (i.e. the Global South) don't
         | recognize these rights anyway, and it is becoming increasingly
         | difficult to enforce it without draconian legal overreach and
         | monopolistic centralization.
        
           | ausbah wrote:
           | this comment has already aged poorly because cities are
           | starting to push airbnbs out and taxi usage is at least
           | somewhat up
        
             | falcor84 wrote:
             | > taxi usage is at least somewhat up
             | 
             | When's the last time you phoned an operator to book a taxi?
             | If taxis are doing better, it's only because they learned
             | from Uber (and the likes) what the job-to-be-done actually
             | is.
        
               | discreteevent wrote:
               | Mytaxi (freenow) was founded the same year as Uber.
        
         | FridgeSeal wrote:
         | You're right, we should all just give up at the first hurdle,
         | because "they've" already gotten away with it, hell, let's just
         | feed our children to the machine and elect openAI as the rulers
         | of the world, after all, they've already succeeded, so we
         | should just give up entirely. Definitely a good attitude to
         | take.
        
         | pxoe wrote:
         | making sure that a dataset is clean and not full of material
         | that's improperly sourced, copyrighted, unfit for use due to
         | licensing or ethics, is not nearly hard enough nor "impossible"
         | for it to be a situation where people should just "give up".
         | 
         | and yes, while open source models might be harder to regulate,
         | those big corporations that currently use those things without
         | distinction, exist as pretty established entities, and profit
         | from services they offer in millions of dollars. there's more
         | of a substantial existence, and more of a substantial scale of
         | money they actually move. and they don't just "make a tool
         | available", or have users do unambiguous actions where it would
         | be the users that are infringing on anything, but do indeed use
         | questionably sourced data and turn that into a model and offer
         | that as a service. dirty data is very much a part of the deal
         | with those.
        
         | anonymousab wrote:
         | Or they can be forced to destroy or retrain their models
         | without any copyright materials for which they don't have or do
         | not now attain licenses for. These are multi-billion/trillion
         | dollar companies. They can afford to be responsible members of
         | society here, however much their shareholders and C-suite might
         | hate it.
        
           | rokkitmensch wrote:
           | Those weights are never coming out of the BitTorrent network
           | though.
        
             | andybak wrote:
             | This. The models are out there. Maybe they will just be
             | illicitly shared but even if no new models are trained from
             | scratch I suspect there will be many ways to use extend
             | existing models without going back to scraped images.
             | 
             | I always felt that we already had a solution - I can
             | already get all those images from a web search. Where the
             | law currently intervenes is when I try and distribute works
             | based on close copies of them. Why is this insufficient?
        
             | anonymousab wrote:
             | Sure. And neither are mp3s of the same songs that were
             | blowing up on Napster.
             | 
             | The existence of widespread illegal means to procure
             | something doesn't mean that we don't and shouldn't require
             | legitimate businesses to abide by the law or require them
             | to make amends for their current transgressions.
        
         | janice1999 wrote:
         | > There is no chance of that toothpaste going back in the tube.
         | 
         | I disagree - we've been here before. The same could be said of
         | many technologies, like cheap music recording/manufacture. You
         | can record an artist once and make records at scale. However no
         | one would think you could record Taylor Swift once and make
         | unlimited copies without paying her.
         | 
         | You should read up on the musicians strike of 1942. [0]
         | 
         | [0[ https://jacobin.com/2022/03/1940s-musicians-strike-
         | american-...
        
         | aatd86 wrote:
         | Data is dynamic. Ok for old data. What about new data?
        
         | chubot wrote:
         | This comment is ignorant of history
         | 
         | It happened with Napster, then Apple Music, now streaming
         | services
         | 
         | There is no widespread file sharing in the general public,
         | instead we have devices that we don't own, and streaming
         | subscriptions
         | 
         | Apple didn't just copy all the music onto iPods and sell it --
         | it took them a decade of deal making and lots of money to
         | acquire the rights to the content
         | 
         | I'm not saying what's right or wrong, just saying that this
         | comment has very little understanding of these battles
        
           | fouc wrote:
           | The difference is the comment was about large corps. Napster
           | wasn't that.
        
           | shkkmo wrote:
           | > Apple didn't just copy all the music onto iPods and sell it
           | -- it took them a decade of deal making and lots of money to
           | acquire the rights to the content
           | 
           | I recaly iPod being a hard drive that I could connect to a
           | computer and just copy music directly to.
        
             | chubot wrote:
             | Pretty sure it was never like that, it was always gated by
             | iTunes.
             | 
             | It was an integrated system, not an open one.
             | 
             | Definitely is today. It's difficult to copy mp3 files
             | directly to an iPhone and play them. Even from a Mac, but
             | even more so from a PC or Linux.
             | 
             | I bet less than 1% of iPhone and iPad users do that. They
             | mostly pay for streaming. (Again, not saying that's better,
             | but just that the general public doesn't do Napster-like
             | file sharing.)
        
               | shkkmo wrote:
               | > Pretty sure it was never like that, it was always gated
               | by iTunes.
               | 
               | Then you need to recalibrate your certainty assessment.
               | Not only did I do this personally with both music and
               | videos, it is incredibly easy to find documentation of
               | the steps. First google result:
               | https://www.alphr.com/add-music-to-ipod-without-itunes/
               | 
               | Apple's ipod sales absolutely benefited significantly
               | from music piracy. Especially early on when nobody hard
               | large itunes collections yet and music torrents were much
               | more common.
               | 
               | The genius of the ipod / itunes play is that they got to
               | do both. They benefited from the demand from people with
               | non-itunes libraries, while also offering a low friction
               | sales platform that was easier than piracy.
        
               | chubot wrote:
               | I looked through the instructions
               | 
               | I guess I'll just say "meh" -- it doesn't negate the main
               | point, which is that Apple spent a lot of money and time
               | to acquire rights, and they have a music store.
               | 
               | It is gated by iTunes, just not 100%
               | 
               | I know some people side load stuff on devices -- there's
               | no device where that's impossible.
        
           | djhn wrote:
           | Considering that buying 'licensed' copies of Hollywood movies
           | and Billboard chart music is possible in maybe 10-20% of the
           | world, I can guarantee that pirated consumption (bootleg CD-
           | Rs and DVDs, but also 'alternative' streaming sites)
           | outnumbers 'licensed' sales for most successful films. And
           | it's 'licensed', as opposed to 'legal', because a large
           | proportion of the world doesn't really care about American
           | copyright.
        
       | jdjdjdkdksmdnd wrote:
       | people are so naive. AI is a matter of national security now. its
       | over. they exposed civilians to nuclear radiation for the nuclear
       | bomb. and you think the state would let this get in the way of
       | the AI arms race which they are anxiously anticipating? nope
        
       | amelius wrote:
       | Just like we have the uncanny valley for robots, LLMs are in the
       | unoriginality valley. Only when we get out of it will the
       | copyright issues go away.
        
       | docdeek wrote:
       | How is this different to Googling "robot cop" or "video game
       | plumber" and being served copyrighted material?
       | 
       | Is it because Google will link to the image source? Or does the
       | infringement begin when I use the image for gain, or claim it as
       | my own? Perhaps it is because Google was allowed to crawl the
       | page with the original image, so presenting them with a link is
       | fine?
        
         | geraldwhen wrote:
         | Looking at a copyrighted image posted by an author is not
         | infringement. Printing that image onto a shirt and selling it
         | is infringement.
         | 
         | That's what OpenAI is doing.
        
           | golol wrote:
           | But OpenAI is not selling the rights to any images, or are
           | they? When I pay for Dall-E, does the contract give me any
           | rights for a work? If not then there is no issue.
        
             | AlienRobot wrote:
             | Copyright is the right to copy things. You don't even need
             | to sell it. This is why Wikipedia images are mostly
             | Copyleft images.
             | 
             | Google gets a pass because nobody is suing Google. When
             | people try to sue Google, Google simply stops indexing them
             | and then they start begging Google to infringe their
             | copyright again.
        
               | golol wrote:
               | This interpretation of copyright only made sense while
               | the transfer and storage of information was tied to
               | physical objects. That time is long and we dont consider
               | it infringement to remember a media or reproduce it at
               | home. Furthermore, we are now entering an era where the
               | production of information is also being untied from
               | physical objects, so it'll only get worse for copyright.
               | I made a post to diacuss this stuff as I find it
               | interesting right now and want to hear more opinions.
        
               | AlienRobot wrote:
               | I completely disagree. Tech exceptionalism makes no
               | sense. We should be making technology to ensure people
               | have their rights protected, not to come up with
               | technobabble excuses to pretend such rights don't exist.
               | 
               | Just because people having been posting memes and
               | reposting pictures and comics with cropped credits and
               | pirating stuff that doesn't mean any of this is legal.
               | 
               | Legality isn't about what you can technically do thanks
               | to how the computer works, or how HTTP works, or how the
               | laws of physics work. Legality is just about what is law
               | and what is not.
               | 
               | Redistributing copyrighted works without license has
               | always been illegal. People don't get sued for it all the
               | time because it isn't worth the hassle and most small
               | time copyright holders simply lack the resources to
               | pursuit action against random Internet strangers across
               | the Internet. That doesn't mean they don't have a
               | copyright, they merely chose to not exercise it. And
               | that's not a W for technology. That's literally just more
               | abuse than a person can cope with. It's an L for society.
               | That's like if you started getting so much spam in your
               | e-mail that you gave up marking them as spam. That
               | doesn't make them not spam.
               | 
               | For example, if I wrote something in my blog and someone
               | made a scrapper that reposted it entirely in their
               | website full of stolen posts, I could take legal action
               | against them. For a blog post. For something I wrote on
               | the Internet. That's my right. But imagine how much time
               | I'd have to spend to do this. It would be easier to check
               | if Google has a way to tell someone stole my content and
               | just get them delisted from Google than going through
               | legal channels.
        
               | golol wrote:
               | But I'm not talking about legality, I'm talking about
               | what we should make the law to be. Just imagine memory
               | implants become commonplace, shouldn't they be allowed to
               | store copyrighted media you have consumed? If not how do
               | you separate between your natural memory and the
               | artificial one? How is it going to work?
        
             | noitpmeder wrote:
             | OpenAI is selling a service.
             | 
             | In the terms of this service they explicitly reassign
             | rights of the output to the user. So implicitly they
             | believe they own the rights and are legally able to
             | reassign them to you, a user of their service.
             | 
             | In my view they do not own those rights originally and thus
             | are unable to resign them.
        
         | pointlessone wrote:
         | Google directs you to the original work. It doesn't present you
         | a derivative work based on the original. That is, original
         | author, presumably, benefits from distribution. AI, on the
         | other hand, slurps multiple original works, chews them up and
         | gives you something average but close enough, and not any
         | specific work in particular.
        
           | ls612 wrote:
           | Google shows snippets of copyrighted work all of the time,
           | and it certainly ingests the entire copyrighted work when
           | googlebot views the page to index it. The only real issue
           | here is that NYT figured out a way to get bingbot to look up
           | an entire article from the internet and repeat it which may
           | not be kosher. But if search engines can ingest the entire
           | content of copyrighted works (subject to robots.txt) then I
           | don't see why AI training should be different on that front.
           | 
           | Of course, the real reason it is different is that it impacts
           | different interest groups than search engines, and the rule
           | of law is a sham. Creatives will do anything to ensure they
           | don't get disrupted and can continue extracting rent from
           | society, and have learned a lot of tools of rhetoric from
           | their fancy colleges to put to use in that effort, compared
           | to the industrial workers who got disrupted by automation a
           | generation ago.
        
         | dkjaudyeqooe wrote:
         | Search engines are ruled fair use because they use the
         | copyrighted material in a limited way, they provide a public
         | good and they benefit the copyright holder.
         | 
         | Generative AI is more or less the opposite of that. It ingests
         | the whole work, generates output that substitutes for the used
         | work and profits the user of copyrighted work to the detriment
         | of the copyright holder.
         | 
         | Throw in the fact that it is purley a mechanical transformation
         | of the copyrighted work and generative AI is on shaky ground.
        
           | fallingknife wrote:
           | But transformative use is an exception to copyright. And I
           | think it's going to be pretty hard to argue that the matrix
           | of parameters inside an LLM is not sufficiently
           | transformative from the input image.
        
             | FridgeSeal wrote:
             | If I run a thesaurus over a plagiarised text, it would be a
             | long bow to draw to say that's "transformative". I feel
             | like this "oh but it's transformative" argument is becoming
             | rapidly load-bearing in the context of LLM arguments and I
             | don't really see nearly enough justification for it.
        
             | regularfry wrote:
             | Legally, "transformative" means semantically, not pixel-
             | level. It's hard to argue that _all_ matrix transformations
             | done by the LLM would be transformative in that sense.
        
       | wouldbecouldbe wrote:
       | What about non-mit source code, 100% it's trained on those as
       | well.
        
       | nojs wrote:
       | In practice, what happens next when websites all start to block
       | openai by default (or change their TOS to disallow OpenAI's
       | crawlers)?
       | 
       | It seems like there's little incentive not to do this, because
       | unlike Google OpenAI isn't bringing any traffic or eyeballs. It
       | may end up being a default setting in Wordpress for example.
       | 
       | But OpenAI presumably can't afford to pay every single long tail
       | source of content on the whole internet -- so how does this end?
        
         | golol wrote:
         | It's not like you can hide the web from OpenAI. They could just
         | use a secret crawler. Or buy the data from a third party
         | company.
        
         | CaptainFever wrote:
         | > or change their TOS to disallow OpenAI's crawlers
         | 
         | Additionally, this TOS can be ignored if you're in a
         | jurisdiction with TDM exceptions.
         | 
         | > Finally, owing to the bar against contractual override, once
         | a user complies with any conditions for gaining lawful access
         | to a work (such as signing as a subscriber and/or making
         | payment), he will be entitled to use the work for TDM purposes
         | even if the terms of use expressly prohibit this. Content
         | owners may wish to relook their business models and, where
         | necessary, price-in the possibility that the licensed works may
         | be used for TDM.
         | 
         | Source:
         | https://www.twobirds.com/en/insights/2021/singapore/coming-u...
        
           | dkjaudyeqooe wrote:
           | That doesn't mean you can then use the output of generative
           | AI in non-TDM jurisdictions without getting sued.
           | 
           | Also TDM exceptions are not necessarily going to be
           | lawful/possible in many jurisdictions.
        
         | dkjaudyeqooe wrote:
         | This is what will kill generative AI and there is nothing the
         | courts or lawmakers can do about it. Even in a fair use
         | scenario you can't beat the TOS.
        
       | quonn wrote:
       | Maybe the way to go is to do pre-training on copyrighted data,
       | then to thoroughly shake things up so that hopefully only some
       | useful abstract structure of world knowledge remains and then
       | train that on carefully selected licensed data.
        
         | disgruntledphd2 wrote:
         | If the models weren't just doing massively complicated
         | interpolation then this would probably work.
         | 
         | Honestly the only way to deal with this is to change the
         | training data and retrain everything (probably at the cost of
         | performance).
        
       | pointlessone wrote:
       | If any of those results would be deemed infringing we can bid
       | farewell to all fanart ever. Likewise, to all fanfiction. Or any
       | original work that was merely heavily inspired by previous works.
       | Like a lot of modern fantasy is basically Tolkien fan fiction. Or
       | is Gandalf close enough to Merlin to claim prior art that is in
       | public domain?
        
         | dkjaudyeqooe wrote:
         | It's fair use, whereas generative AI doesn't satisfy the same
         | criteria. From https://www.ogcsolutions.com/is-fan-art-
         | copyright-infringeme... :
         | 
         | For fan art to fall under the fair use exception, it must meet
         | all four of the following criteria:
         | 
         | It must be transformative, meaning it adds something new and
         | different to the original work.
         | 
         | It can't be used for commercial purposes.
         | 
         | It must not negatively impact the market for the original work.
         | 
         | And finally, it must be created for a limited and non-exclusive
         | audience.
        
         | numpad0 wrote:
         | Fanfictions are controlled by unspoken common sense rules and
         | protected by copyright laws. It's almost weird to hear fan
         | content world being seen as a wild west, it feels like
         | listening to a caveman description of an Apple Store. _No they
         | 're not living there, they're - have you ever used currency?
         | The round medals that people keep in pockets and trays?_
        
         | whywhywhywhy wrote:
         | Weirdly some of the most vocal about this have been
         | professional illustrators and artists who make a lot of money
         | off what is essentially selling fanart commissions, not sure if
         | they're understanding it could impact their work if they get
         | what they want.
        
       | marckrn wrote:
       | I might be a bit idealistic, but I've always believed that the
       | core purpose of art and publishing should be to influence culture
       | and society, not just to make a heap of money. That's why I feel
       | original work needs its protection, but it should enter the
       | public domain much sooner to fuel creativity and inspiration. We
       | should be thinking in terms of a few years for this transition,
       | not decades.
        
         | mypastself wrote:
         | The claim that art's core purpose is societal impact seems to
         | be a common refrain in today's media, and I completely
         | disagree. Its principal purpose is provoking emotion in the
         | individual. This idea of art teaching you a lesson is likely
         | why there's so much ham-fisted "activist" fiction anowadays.
        
           | marckrn wrote:
           | I agree, but by extension of provoking emotion it CAN change
           | society, but it doesn't have to - wether on purpose or not.
           | 
           | The point I was trying to make was that occupying mindspace,
           | providing inspiration, being culturally influencal etc. are
           | idealistic, non-monitary rewards that should be part of the
           | equation when discussing alleged IP-theft, remixing,
           | attribution and so on.
           | 
           | I'm not saying their shouldn't be any rules. All I'm saying
           | is that there should be a discussion of how we want to handle
           | these things going forward. This train ain't stopping.
           | 
           | Maybe your avg DeviantArt painter needs more IP-protection
           | and -rights than Damien Hurst? Maybe an unknown, independent
           | blogger doing important original research should be
           | attributed more prominently than an article by The Times?
           | Idk.
        
             | WarOnPrivacy wrote:
             | These things kind of rub up against the core question: What
             | is the purpose of granting exclusivity to a creator (thru
             | copyright)?
             | 
             | That's an answer we have. _To promote the Progress of
             | Science and useful Arts._
             | 
             | If we have to squint hard to make our justification align
             | with copyright's purpose or have to follow a long logic-
             | chain to get back to it's purpose - that's a strong
             | indicator we have lost our way.
        
         | endisneigh wrote:
         | Why should art be subject to these rules and not everything
         | else?
        
           | danielbln wrote:
           | OP said art and publishing, which would include anything from
           | software, music, books and so on.
        
             | endisneigh wrote:
             | So you interpret it as including everything? If so why
             | emphasize art at all?
        
               | danielbln wrote:
               | Probably because the article focuses a lot on copyrighted
               | art?
        
         | kranke155 wrote:
         | So what do you suggest artists have for dinner.
        
           | marckrn wrote:
           | Let's advocate for robust protections and support systems for
           | artists, ensuring they can secure a sustainable and
           | comfortable livelihood from their creative work.
           | 
           | Once they hit the tipping point of broad cultural absorbtion
           | (think Banksy) AND/OR raking in absurd amounts of cash, move
           | their IP into the public domain more aggressively (think
           | Disney, NYT, etc.). How exactly this would work should be
           | debated.
           | 
           | They'd still own the IP and have all the rights to use it
           | commercially, but other's would be able to use it as
           | inspiration, remix and maybe even resell it if attributed (or
           | cheaply licensed).
           | 
           | In other words: "IP-Tax" the unproportionally successful.
        
             | kranke155 wrote:
             | wow and incredible amount of things need to go right for
             | artists to do well in your world ?
        
               | marckrn wrote:
               | I too would love to earn a living by pursuing my hobbies.
               | Too bad, I'm not in the 0,001-0,1%
        
               | kranke155 wrote:
               | You don't seem to have any idea what artists do to make a
               | living
        
               | rsync wrote:
               | "I too would love to earn a living by pursuing my
               | hobbies. Too bad, I'm not in the 0,001-0,1%"
               | 
               | This is an unsophisticated view because it looks at a
               | risk/reward scenario and assigns _zero value_ to the
               | risk.
               | 
               | The risk has value - regardless of the success, or
               | reward.
               | 
               | Put another way: you don't get to discount the risk to
               | zero when it results in a large reward.
               | 
               | Entities that took no risks and received enormous rewards
               | (like President George W. Bush involvement in the Texas
               | Rangers[1]) are probably quite pleased that you ignore
               | them and focus on artists that sacrifice traditional life
               | scripts (an enormous risk) and, very rarely, achieve
               | great success.
               | 
               | [1] https://en.wikipedia.org/wiki/Professional_life_of_Ge
               | orge_W....
        
           | ChatGTP wrote:
           | don't worry ,when the singularity hits next year everything
           | will be free.
        
           | WarOnPrivacy wrote:
           | The same thing I eat for dinner. I eat based on I get from
           | work, that people are willing to pay for.
           | 
           | Not all my effort turned into dinners tho. And some types of
           | work once paid for dinners but can't any more.
           | 
           | My #4 son is an artist/content creator. He eats based on what
           | his non-art employment will buy. Perhaps one day people will
           | find his art desirable and he could eat from that. It'll be a
           | case where he worked long and hard on a project, was paid
           | once for it and that's it for that.
           | 
           | That's what reality looks like for all artists - excepting a
           | small percentage.
           | 
           | All that said, I really wouldn't want his dinner to come at
           | the expense of everyone else being restrained by massive
           | system of corrupt, draconian law that rigidly controls
           | everyone's behavior for 150 years, primarily benefits wealthy
           | and powerful rent-seeking corporations, is readily applied to
           | censorship and is more likely to knee-cap other artists than
           | to provide them anything like a living wage.
           | 
           | That seems indistinguishable from evil.
        
       | davidy123 wrote:
       | The solution could be great. I really don't like the way culture
       | always goes to the same tropes, calling any potential innovation
       | "out of Star Trek" (with attendant distorted expectations), right
       | down to expecting an interface based on literal hand-waving in
       | Minority Report. If copyright held works ("USS Enterprise") could
       | be removed, yet the actual essential concepts (space ship, naming
       | things) retained, it would be a tremendous breakthrough.
       | 
       | I think what NYT &c want is for large companies like Apple to pay
       | them for access to their works. This to me is the wrong path,
       | just leading to more silos and walled gardens, special access for
       | the elite.
       | 
       | An alternative is base models trained on Wikipedia and public
       | domain (science journals, etc). Foundations could support high
       | quality, well rounded current events reporting. Wikimedia
       | provides a good model for this, with referenced summaries that I
       | don't think can be said to reasonably violate copyright. The
       | models would need to be improved to support references, or RAG
       | attribution would have to be widely used when bringing in works
       | that have a current copyright.
        
         | disgruntledphd2 wrote:
         | Science journals are mostly under copyright of a few big
         | publishers who are extremely hostile to any kind of ML being
         | performed on the content.
        
           | davidy123 wrote:
           | That's not as true as it used to be, and there are still
           | plenty of useful open journals/open science publications,
           | though proper attribution would often be important.
           | 
           | [edit] you could pretty much say that on principle, any
           | significant development should have a publication in the
           | open.
        
             | sgt101 wrote:
             | and yet, who pays? This is fine if we are going to go full
             | communist - I have no objection personally - but selective
             | appropriation of peoples livelihoods is more full mafia or
             | full feudal.
             | 
             | I don't see that as a step forward.
        
         | sgt101 wrote:
         | > special access for the elite.
         | 
         | I think that this is about property rights, the news industry
         | has been gutted in the last 30 years, a lot of content creators
         | (journalists) have lost their livings. The ones that are left
         | are going to lose their livings if the content they generate is
         | rendered valueless because there is no way of protecting that
         | value.
         | 
         | In terms of special access, think about your shoes. They are
         | nice, but only you are allowed to use them. This is not fair.
         | You are the elite...
         | 
         | This goes to difficult places.
        
       | Joel_Mckay wrote:
       | If ML cannot create copyrightable or patented material under
       | current legal precedent, than shouldn't the prompt output be
       | considered public domain regardless of content semblance?
       | 
       | The paradox should still violate Trademarks due to similarity,
       | but likely cannot infringe on copyright content under prior legal
       | opinion... if at least 80% different from prior art. The lawyers
       | are likely going to have to do a special firm survey to figure
       | this one out.
       | 
       | Bag of popcorn ready =)
        
       | rolisz wrote:
       | Simple fix (at least for ChatGPT): ask it to avoid drawings with
       | similarities to copyrighted characters.
        
       | AlienRobot wrote:
       | An argument I've seen made in pro of AI in past threads about
       | this is that "scraping is legal."
       | 
       | Yeah, downloading the content of a webpage may be legal, but
       | redistributing it isn't.
       | 
       | I wish people stopped trying to make these things seem more
       | important than they really are just because IT people call them
       | "technologies". Blockchain isn't a technology. HTML isn't a
       | technology. React isn't a technology. And AI is now not a
       | technology.
       | 
       | When I see ChatGPT or OpenAI, I don't think of "technology". I
       | think of a program. Software. Because that's what it is. You
       | don't say "none of the laws that exist in this world apply to
       | this" every time you release new software.
       | 
       | I bet many people can't tell the difference between a quick
       | answer from Google and a text generated by ChatGPT on Bing. They
       | just see the output.
       | 
       | All that amazing capability of generative AI? That got old fast.
       | It was groundbreaking for one instant. Now it's just an app that
       | generates images. Just another piece of software. Nothing special
       | about it.
       | 
       | Torrenting and other p2p file transfer protocols didn't get a
       | pass for inventing groundbreaking ways to break the law. I don't
       | think OpenAI will get a pass for doing the same.
        
         | danielbln wrote:
         | > All that amazing capability of generative AI? That got old
         | fast. It was groundbreaking for one instant. Now it's just an
         | app that generates images. Just another piece of software.
         | Nothing special about it.
         | 
         | Speak for yourself, personally I find it still groundbreaking
         | and while the magic won't last forever, it is and will remain
         | groundbreaking especially considering that technological
         | progress and development will continue way beyond what we have
         | today.
        
       | Avicebron wrote:
       | I'm surprised this is presented as a revelation? I did pretty
       | much this same experiment ages ago as part of a suite of tests
       | comparing the efficacy of different sized models..
        
       | intrasight wrote:
       | Just make LLMs be like your average human and forget details. I
       | know that it's easier to say than to do, but so are many things
       | worth doing. I can't plagiarize - my language and visual memory
       | doesn't work that way. Such an LLM will have to "create" and
       | answer from more fuzzy memory.
        
         | qolop wrote:
         | The class of models that Yann Lecun is bullish on (look up
         | I-JEPA) do exactly this.
        
       | clbrmbr wrote:
       | Am I the only one believing that copyright has long outlived its
       | usefulness? After all, copyright is not some natural law or
       | mathematical consequence, but rather a social convention that
       | made sense in the era of the printing press.
        
         | lbotos wrote:
         | Copyright in its current form yes.
         | 
         | But the concept and closer to the original (creators lifetime +
         | x years or some such) seems still very valuable.
         | 
         | Copyright is still the bedrock of how many tech software
         | business actually can make money.
        
           | noitpmeder wrote:
           | Which is why there are so many competing interests (in this
           | thread, and elsewhere) trying to say it should be 100% legal
           | to steal from those companies. They all want to profit
           | unfairly off the work of others.
        
         | asylteltine wrote:
         | And how are you supposed to make money from something you
         | invent? Let's say you make a hit video game. Without copyright
         | people can pirate your game, steal the art, make unauthorized
         | derivative works, etc. it's just theft.
        
           | kayodelycaon wrote:
           | My personal observation is people who are against copyright
           | in absolute terms have never or rarely needed their
           | protection. (Or never considered the implications.)
           | 
           | I'm not making a dig at people here. This is just human
           | nature. It's difficult to see the value in something that you
           | only see as an obstacle.
           | 
           | Open source software is rather unusual. It's a commune on a
           | massive scale and it gets its value from the generosity of
           | others. in my opinion, it is possibly one of the greatest
           | achievements in the history and future of computing.
           | 
           | However, it heavily depends on copyright to exist. GPL has
           | encouraged (or forced) many companies to contribute to the
           | community when they wouldn't have otherwise.
        
             | asylteltine wrote:
             | This is true and I see it with cops and free speech as
             | well. Everyone loves to hate cops... until they need them.
             | Everyone wants to defund the police... until they are a
             | victim of crime. Everyone wants to enforce certain speech
             | patterns... until it affects them
        
               | Snow_Falls wrote:
               | Everyone is a free speech absolutist until they're the
               | one targeted. Everyone loves cops until it's their rights
               | being violated...
               | 
               | These sorts of arguments can be made in either direction.
        
               | MeImCounting wrote:
               | This isnt a great take at all. Copyright is certainly an
               | important part of our society upon which like the parent
               | said, Open Source Software and other incredibly valuable
               | things lie.
               | 
               | Cops on the other hand solely exist for the reason of
               | locking people in cages. Why you ever feel like you need
               | to have someone else locked in a cage is beyond me. When
               | I have been the victim of a crime the cops have not shown
               | and when they did have been less than helpful. This is a
               | pattern for all the people in my subjective bubble.
               | 
               | About that whole speech patterns thing. I assume you mean
               | addressing people in a polite way? Thats not enforcing
               | certain speech patterns thats actually just being a
               | respectful member of society.
        
               | Zpalmtree wrote:
               | > Why you ever feel like you need to have someone else
               | locked in a cage is beyond me
               | 
               | Uh, maybe if they murder people?
        
               | asylteltine wrote:
               | Or steal your car, or break your nose, or rob your house,
               | etc. I guess those are solved problems then?
        
           | kromem wrote:
           | Star Citizen could release and immediately be pirated and
           | never sell a single copy from release onwards and likely
           | still have ended up profitable.
           | 
           | Maybe the business models around creation need to be
           | revisited such that interested parties pay for the _creation_
           | of a product and not _distribution_ of a product.
           | 
           | Where periodically at each stage of that creation you are
           | getting continued buy in that what you are creating has a
           | market demand that will fund its continued creation.
           | 
           | If you are an indie game developer maybe that means making a
           | demo which gets enough interest to fund you spending the time
           | and resources to make a full game, with no expectations for
           | further revenue post-creation, but with its success meaning
           | your next project is even easier to fund the development of
           | and a comfortable lifestyle rinse and repeating.
        
         | kayodelycaon wrote:
         | As an author, I do want the stories I write and worlds I build
         | to be protected for a reasonable period.
         | 
         | Right now, copyright is a significant discouragement to any
         | other entities from taking a story I wrote and claiming it as
         | their own and preventing me from ever growing an audience for
         | my work. It's far from perfect, and I can't afford litigation,
         | but it enshrines a cultural value of allowing people to create
         | things and be known for them. Profit is a side effect of this.
         | 
         | Art is already poorly valued compared to the enormous
         | investment time and energy required to produce it. Removing
         | copyright means you can't even have minimal protections from a
         | more popular person erasing you.
        
           | Snow_Falls wrote:
           | How do you feel about the lengths of copyright? Do you feel
           | the current length (life + 70 years) is too much/too little/
           | just right?
           | 
           | Personally, as much as I hate the concept of copyright, I do
           | still want artists (I include authors etc in this term) to be
           | able to do their work professionally without relying on
           | something like patreon (which primarily predates serialised
           | work like comics) so I would prefer shortening copyright to
           | something more in line with patents, 20 years. How do you, as
           | an author, feel about reform like that?
        
             | kayodelycaon wrote:
             | The current length is indefensible to me. There is zero
             | justification for it beyond pure profit. I'd prefer it be
             | lifetime of original creator, only for the original
             | creator. All other cases (transfer of copyright, death of
             | the creator, etc) would have a maximum of 20 years.
             | 
             | Alternatively, I'd prefer 30 or 40 years, but I would
             | grudgingly accept 20. :)
        
         | ausbah wrote:
         | people still print stuff, now it's just on the internet,
         | podcasts, etc so I don't see why copyright should change just
         | because the mediums have. also marking out as a "societal
         | convention so it must be useless" is also pretty silly when
         | money, gender, and whole heap of other concepts are societal
         | conventions but still useful
        
       | rmholt wrote:
       | I feel like the outcome is obvious, there will be a finite list
       | of IPs who's owners have enough money to actually sue, which will
       | get filtered out of the output of publicly available models. They
       | will just slap a detector model on the end of the generator to
       | filter them out.
       | 
       | Private models will not care, nor will things change for IP
       | owners with lesser power.
        
         | reqo wrote:
         | Many small owners together can bring a class action though
        
           | rmholt wrote:
           | That is true and would break the prediction... here's hoping!
        
         | quonn wrote:
         | That seems unlikely, unless they settle out of court. And why
         | would the NYT settle like that without receiving a billion?
         | 
         | Courts are likely to make generally binding decisions.
        
           | rmholt wrote:
           | Yes, but to enforce those decisions in other cases there
           | would still have to be other lawsuits. And I just don't see
           | that happening on a large enough scale to change the industry
           | 
           | Maybe I'm wrong though
        
             | noitpmeder wrote:
             | The point is that OpenAI (and others) will need to change
             | their training pipelines to ensure there is never such a
             | threat of a lawsuit.
             | 
             | Which, to be clear, is absolutely a good thing and what
             | they should have been doing from the start.
        
       | skybrian wrote:
       | I wonder what Adobe Firefly does with these prompts?
        
       | mensetmanusman wrote:
       | The world is a big place.
       | 
       | China can't produce LLMs because of inconvenient truths.
       | 
       | The US can't produce LLMs because of copyright.
       | 
       | Decentralized open source LLMs might exist that could work, but
       | they won't have the giant GPU clusters.
       | 
       | A rich country with lax rule of law wins? Maybe that's why Sam
       | went to the Saudis?
        
         | pelorat wrote:
         | Well. Japan can: https://petapixel.com/2023/06/05/japan-
         | declares-ai-training-...
        
       | Paradigma11 wrote:
       | So, whats the plan?
       | 
       | Content creators/artists compete globally. The only thing harsh
       | regulations will do is create an unlevel playing field where
       | artists from noncaring countries will have big advantages over
       | artists from the west, which will be driven into illegality to
       | compete.
       | 
       | In the end products will have to be classified anyway if they are
       | infringing on copyright and/or were being built by an LLM. Most
       | likely automated by another LLM.
        
         | sensanaty wrote:
         | Wouldn't the ones in the West with presumably stronger
         | copyright laws be in a better position, since the trillion
         | dollar megacorporations using their works have to actually pay
         | them, whereas in places where copyright is ignored those
         | creators just get all their shit stolen without credit even
         | being given?
        
           | Paradigma11 wrote:
           | Nothing will be stolen. Artists will use the same tools to
           | check if their work is infringing that those companies and
           | right holders have. There will be no Coca Cola logo/Super
           | Mario Brother/CPO in that work.
           | 
           | The artists in the West wont get paid, because they wont get
           | any jobs and those in other countries will. Maybe less,
           | because they are more productive and the market is saturated,
           | or maybe more demand will be created due to lower prices.
        
       | efields wrote:
       | It's more interesting to me how these entities that operate the
       | models start making money from them. They are a money pit and
       | there's not enough $20/month subscribers on earth to support
       | them.
       | 
       | Enterprises that make content with this also don't want to
       | infringe on copyright. The AI companies don't have a good story
       | here. The value has not become evident after years.
        
       | whodidntante wrote:
       | Simple solution, when gpt-5 comes out, just rename it Claudine,
       | and the NYT will drop their suit
        
       | josh-sematic wrote:
       | Gary Marcus is growing his subscriber base using images of
       | copyrighted IP (C3PO, Mario, etc.). Fair use? Then why is the
       | tool he used to produce those materials not also fair use of the
       | IP? My take is that either we say the models are like people (do
       | we penalize people for learning from IP and letting that
       | influence what they subsequently produce?) or we say they are
       | like tools (do we penalize Adobe because Photoshop makes it
       | easier to make a picture of Mario on the Death Star?).
        
         | cogman10 wrote:
         | Because the fair use clause he's using is about giving
         | commentary.
         | 
         | The reason the tool is problematic is because derivative works
         | are also copyrighted. LLMs aren't adding value to their output
         | or using creative functionality. That are smashing multiple
         | works together to produce a response. And, many of them are
         | selling the output which is doubly problematic.
         | 
         | Consider this, if I sell a book about gandolf and Dumbledore
         | getting into a wizards duel, both jk and Tolkien have grounds
         | sue me. Adding another copyrighted source does not protect me.
         | 
         | This is especially a big problem in the music industry.
         | 
         | Now should copyrights be like this? I don't know. It feels to
         | me that copyrights have the wrong balance all over the place.
        
           | josh-sematic wrote:
           | But does the word processor you used to write your
           | Dumbledore/Gandalf fanfic hold liability for being sued
           | because it enabled your misuse? Then neither should Dall-E
           | hold liability because it enabled you to produce an
           | illustration for that book. It is you--the person who tries
           | to sell your derivative work, who holds liability, and not
           | the tools you used to produce it.
        
             | noitpmeder wrote:
             | Yes because openAI explicitly reassigns the rights of the
             | output to the user. They do not have legal grounds to claim
             | ownership of those rights and thus CANNOT reassign them.
        
             | cogman10 wrote:
             | LLMs aren't word processors.
             | 
             | If I went around, recorded broadway shows, and then sold
             | them to anyone that wants them. You'd agree that's
             | violating copyright. Even if I mixed them or made my own
             | remix, that's still a copyright violation.
             | 
             | Regardless of what the purchaser does with the material,
             | I'm violating copyright because I'm selling derivative
             | works. The only thing LLMs do is create derivative works.
             | It doesn't matter that you can prompt them to put their own
             | spin on derivatives just like it wouldn't matter if I took
             | requests with my bootleg mixing company (I'm just a tool of
             | piracy! I have no control if you decide to sell the works
             | after I sold it to you).
             | 
             | I'll also point out, OpenAI is extra on thin ice because
             | it's not infeasible that someone like the NY Times wouldn't
             | make their own LLM based on their material and sell the
             | output to subscribers. That's a real harm. Fanfic doesn't
             | often get prosecuted because nobody is sell it so harm is
             | hard to prove. But when you have a business built around
             | selling these derivative works, that's the issue.
        
       | kranke155 wrote:
       | The generative AI rollout has taught me what happens when the
       | interests of the many intersect with the destruction of the few.
       | 
       | You get steamrolled for defending yourself while you overhear
       | above applause to those who have robbed you of your future.
        
         | kranke155 wrote:
         | It makes no sense that one is not allowed to make and market a
         | CG Mario movie, but suddenly if you use AI to launder the data
         | it's suddenly ok.
        
           | DonsDiscountGas wrote:
           | I'm pretty sure if you tried to sell a CG Mario movie
           | Nintendo would sue you into oblivion, and "the neural network
           | did it" would not be considered a good defense by anybody,
           | including the judge and jury.
        
             | kranke155 wrote:
             | Sure, but making it possible for the neural network to make
             | the movie (eventually in seconds) is somehow ok? So people
             | can make their own private CG Mario films, as long as they
             | don't try to sell them?
             | 
             | Here's my argument - even if the NN only makes the films
             | for private consumption, eventually they'll be so
             | widespread and fast at making them that won't matter, since
             | everyone will be able to watch Mario movies of their own.
             | Is that a future you think will sit well with Nintendo,
             | Disney, etc?
        
               | ctoth wrote:
               | I don't really care if it sits well with them. do you? In
               | that future, why do we need them? They are already
               | parasites feeding off our collective societal stories. Or
               | did you think Disney came up with all those characters?
               | Maybe the original creator of Snow White should sue.
        
               | kranke155 wrote:
               | Oh my lord surely you know Disney has no copyright on
               | Snow White...
        
               | Spivak wrote:
               | > So people can make their own private CG Mario films, as
               | long as they don't try to sell them?
               | 
               | Yes, why not? This is just computer assisted private
               | fanfic.
        
           | d6e wrote:
           | I think there's a difference between being allowed to draw
           | mario vs being allowed to draw and sell mario.
           | 
           | It's completely legal for me to draw mario for my own
           | purposes. It should be legal for me to make an ai draw mario
           | for my own purposes.
        
       | redcobra762 wrote:
       | This operates similarly to importing an image into Photoshop. You
       | can do whatever you like with images privately, or with gen AI,
       | but the game ends when you try to use those images commercially.
       | 
       | Not sure how this "gets worse" or better for anyone. The current
       | state of things seems generally fine, and there's a real
       | possibility the courts see it that way too.
        
         | throwoutway wrote:
         | > but the game ends when you try to use those images
         | commercially.
         | 
         | Right now, it feels more like it's called "innovation" and
         | "entrepreneurship" than the end-game, as long as you have
         | billions invested. Waiting on the courts to decide this issue
        
         | joenot443 wrote:
         | There are some images you can't import into Photoshop, most
         | notably being scans of legal tender. This is for a pretty
         | obvious and on-the-nose use case, but perhaps we'll see GenAI
         | given similar guardrails.
        
       | niemandhier wrote:
       | Should not be a problem in the EU. Article 3 and 4 of the _,,
       | Copyright in the Digital Single Market"_ Directive already
       | regulate this.
       | 
       | Summary by Wolters Kluwer: _[...] Everyone else (including
       | commercial ML developers) can only use works that are lawfully
       | accessible and where the rightholders have not explicitly
       | reserved use for text and data mining purposes._
       | 
       | AFAIK they are discussing something like a robot.txt to flag
       | stuff as ,,not for training". You will probably be expected to
       | implement some safeguards and of course the end user will have to
       | be careful in his use of the generated things.
       | 
       | Source at Kluwers:
       | https://copyrightblog.kluweriplaw.com/2023/02/20/protecting-...
       | 
       | EU Legal Text: https://eur-lex.europa.eu/eli/dir/2019/790/oj
        
         | injidup wrote:
         | The EU cannot agree that the Do Not Track flag on web browsers
         | is legally binding but big content should be able to create
         | legally binding flags on their websites to avoid scraping of
         | data? Seems odd!
        
           | Nebasuke wrote:
           | I don't think that's a fair analogy. One forces 99% of
           | websites to make a change, while the other is something that
           | would need to be done by the big companies doing the
           | scraping.
           | 
           | A Do Not Track flag being legally binding would force small
           | websites, e.g. a local restaurant website, to implement
           | something they likely are not aware of and secondly do not
           | technically understand.
           | 
           | A company that is mass scraping data for their AI model is
           | much more likely to understand and respect that scraping the
           | data has legal implications, and would be technically capable
           | in implementing a scraping solutions that accounts for a
           | robots.txt.
        
             | f38zf5vdt wrote:
             | The X-Robots-Tags header already exists as "noai" and
             | "noimageai". Scraping software like img2dataset respects
             | these by default.
        
             | cma wrote:
             | I'm gonna guess it often isn't even their content but is
             | user content they are protecting. So, sounds like a big
             | subsidy/protection racket for Twitter or whatever to train
             | on their users' public content but not let others.
        
             | Too wrote:
             | If I understand parent correctly, the restriction flag is
             | opt-in? This turns copyright around completely, expecting
             | every small content producer to implement something they
             | likely are not aware of and secondly do not technically
             | understand.
        
         | sampo wrote:
         | > Summary by Wolters Kluwer: [...] Everyone else (including
         | commercial ML developers) can only use
         | 
         | That is a weird (wishful?) interpretation. Doesn't article 4
         | give the exception to everybody for the purposes of text and
         | data mining, including commercial ML developers?
         | 
         | https://eur-lex.europa.eu/eli/dir/2019/790/oj
        
           | shkkmo wrote:
           | Seems like an accurate interpretation to me given that
           | article 4 includes:
           | 
           | > The exception or limitation provided for in paragraph 1
           | shall apply on condition that the use of works and other
           | subject matter referred to in that paragraph has not been
           | expressly reserved by their rightholders in an appropriate
           | manner, such as machine-readable means in the case of content
           | made publicly available online.
        
       | asylteltine wrote:
       | I certainly hope so. You can't just steal content and call it
       | """AI"""
        
       | ponorin wrote:
       | this is exactly what i predicted: the current generative ai is
       | basically rewarded based on how much it convinces people to be a
       | real thing. it very much has the ability to copy verbatim unlike
       | how most human memories work. without fundamental shift in the
       | methodology of machine learning the fault can only be hidden, not
       | solved. a cat and mouse game where one cat has to fight tens of
       | thousands of mouse. it's also very telling how the discussion
       | quickly turns into "maybe society needs to adapt" when so called
       | technological innovation is involved. copyright problem should be
       | solved for artists, not for datacentres. for now it's a handful
       | of famous IPs, but what's stopping from generative ai to snatch
       | some random indie artist's property and copying it ad infinitum?
        
       | WhiteNoiz3 wrote:
       | As I understood it, the legal precedent for generative AI is the
       | same one that allows google to scrape websites in order to index
       | them for search for the common good. Google also can display
       | cached versions of websites which is the original content of
       | those sites. No one is going to say that google is copyright
       | infringement just because it is showing content from other
       | websites verbatim. So I think this is a weak argument. AI would
       | be useless if we had to scrub all cultural references and popular
       | IP's (even not so popular ones).
       | 
       | Personally, I think generative AI _should_ be able to provide
       | links to similar source material in the training data.. This
       | would be the barest way to compensate those who have contributed
       | to training the AI. I don 't think generative AI is sustainable
       | in the long term if it ends up killing all the websites/artists
       | that created the original material. Plus I think having sources
       | adds a layer of transparency and aids users in understanding when
       | content is hallucinated vs. not. People should be able to opt out
       | of having their content used for training and be able to confirm
       | that it has been removed for future iterations. Let's be honest
       | that AI companies are just trying to avoid lawsuits by keeping it
       | secret. These are areas where I think regulation can help rather
       | than worrying about doomsday scenarios.
        
         | whywhywhywhy wrote:
         | > No one is going to say that google is copyright infringement
         | just because it is showing content from other websites verbatim
         | 
         | Journalists [1] and Getty Images [2] did in the past
         | 
         | [1]: https://yro.slashdot.org/story/03/07/14/025216/web-
         | caching-g... [2]:
         | https://www.theguardian.com/technology/2016/apr/27/getty-ima...
        
           | pc86 wrote:
           | And lost, if memory serves.
        
             | leereeves wrote:
             | No, Google agreed to a licensing agreement and removed the
             | direct links to the images.
        
               | WhiteNoiz3 wrote:
               | IMO, this is probably the goal of the NYTimes lawsuits as
               | well
        
         | AlphaWeaver wrote:
         | No legal precedent has been set as of yet. The "precedent" you
         | describe _is_ the argument AI companies have been using (that
         | training their models on information available on the Internet
         | should be considered  "fair use") but whether AI training
         | actually satisfies the four-factor test for fair use remains to
         | be seen.
        
           | regularfry wrote:
           | It's a null question. Training itself is neither publication
           | nor distribution, so copyright can't be relevant at that
           | point. "Fair use" just isn't a concept applicable to
           | training.
        
             | brookst wrote:
             | Exactly. Framing _reading_ as fair use is a huge and
             | dangerous expansion of copyright.
        
         | FrustratedMonky wrote:
         | Wonder. Do Cliff Notes have to pay royalties to the underlying
         | material?
         | 
         | Cliff Notes contain quotes, and citations.
         | 
         | Does the cliff note company, when producing Cliff Notes for
         | "Into The Wild", pay royalties to the publisher?
         | 
         | For that matter, does any paper, article, etc.. that may
         | contain a quote from another, have to pay royalties to the
         | source of the quotes?
        
           | ascagnel_ wrote:
           | Cliff's Notes has a strong fair use claim, because they offer
           | basic criticism and surface-level commentary alongside their
           | summaries.
        
             | kayodelycaon wrote:
             | They also, arguably, add value to the books themselves.
        
         | layer8 wrote:
         | The ability to provide a reference to the source is the crucial
         | difference here.
         | 
         | I agree that it should be possible to implement that for
         | generative AI, although the training may become significantly
         | more expensive in order to maintain that information, and the
         | AI companies have little interest in doing so. They'll probably
         | rather try to heuristically assess possible copyright issues
         | after the fact in a post-processing step.
         | 
         | The more interesting question is if copyright holders can claim
         | unauthorized use of their works beyond the case of near-
         | verbatim reproduction, because the works collectively inform
         | the AI in a more general manner.
        
           | kenmacd wrote:
           | > They'll
           | 
           | What if I asked you to list all our source material that led
           | you to use that particular contraction. Heuristics will not
           | do, you must list each.
           | 
           | Can you do it? Do you believe AI should.
           | 
           | > I agree that it should be possible to implement
           | 
           | Those exact words appear in another forum post from 2006:
           | 
           | https://discourse.igniterealtime.org/t/cm-3beta-
           | compression-...
           | 
           | Should you have quoted that as a source for your reply? What
           | if we knew you'd read that post back in 2006, affecting your
           | neurons, then should you?
           | 
           | It might not be too hard to imagine a simple case of a
           | specific topic where you might have some more prominent
           | sources, but even in those cases I believe if you think it
           | through you'll find there was a ton of other sources that led
           | to the weights that allowed you to 'know' the topic.
        
             | layer8 wrote:
             | I believe they should be able to, to the degree that their
             | output can constitute copyright infringement. Obviously,
             | the fewer sources from the training data a given output
             | matches, and the longer the match, the more relevant it is,
             | and the easier it should be. I believe it should be
             | feasible exactly because of that correlation. The examples
             | you present are largely irrelevant to the problem, because
             | they are largely irrelevant to the citing of sources for
             | copyright reasons.
        
               | WarOnPrivacy wrote:
               | >> _Those exact words appear in another forum post from
               | 2006. Should you have quoted that as a source for your
               | reply? What if we knew you 'd read that post back in
               | 2006, affecting your neurons, then should you?_
               | 
               | > I believe they should be able to, to the degree that
               | their output can constitute copyright infringement.
               | 
               | But not you? The inference behind the AI-violates-
               | copyright movement is that machine obligations should be
               | brought to a parity with our obligations - that AI and
               | you be fully subject to the same copyright overlordship.
               | 
               | I would independently agree that having AI divulge
               | sources could be a good thing.
               | 
               | I do not agree with this attempt to twist copyright into
               | yet another misshapen hammer, so copyright holders can
               | bludgeon out some result they want.
        
         | drubio wrote:
         | > * I don't think generative AI is sustainable in the long term
         | if it ends up killing all the websites/artists that created the
         | original material. *
         | 
         | This is the elephant in the room. Every tech wave has had its
         | way of cajoling creators into investing time & money to make
         | original material, then the rules changed.
         | 
         | Google, promised reach and new markets for content, it worked.
         | Then they introduced snippets, ads and whole lot of other
         | things to keep visitors on their freeway, while avoiding
         | sending visitors to the original site.
         | 
         | Reddit, Stack Overflow and others, started with gamification
         | (points, badges) & community to incentivize users to contribute
         | original content.
         | 
         | Now AI is shaking up all these approaches. But with each one,
         | the incentive to create original material appears to dwindle,
         | since the returns are becoming less and less.
         | 
         | Like what's the incentive for any professional now, if AI is
         | going to regurgitate their original content, without any upside
         | (i.e. no potential for reach, no gamification, no community, no
         | recognition, etc).
        
           | WarOnPrivacy wrote:
           | > Google, promised reach and new markets for content, it
           | worked. Then they introduced snippets, ads and whole lot of
           | other things to keep visitors on their freeway, while
           | avoiding sending visitors to the original site.
           | 
           | Afterward came bots that saturated search results with
           | useless SEO barf that pushed content (original and
           | duplicated) so far down that we're coming back to where we
           | started. Content is increasingly unfindable on the web.
        
             | WhiteNoiz3 wrote:
             | I agree with this too.. AI is only going to exacerbate the
             | signal to noise problem on the web.
        
         | kenmacd wrote:
         | > I think generative AI should be able to provide links to
         | similar source material in the training data
         | 
         | Except these aren't databases, so that's generally not
         | possible, in the same way that it's not possible for your
         | provide links to the source material it took to write your
         | reply. How much learning led to the weights on your neurons
         | that allowed you to generate that? Where did you learn about
         | using italics and it's effect on how the words would be
         | interpreted? Where did you learn the tone that would be
         | appropriate in this particular forum?
         | 
         | > People should be able to opt out of having their content used
         | for training
         | 
         | Okay... but then, if I write a book should I be able to opt out
         | of you being allowed to read it? What conditions should I be
         | able to put on who can read my work? Religion? Skin colour?
         | People that aren't good at memorizing?
         | 
         | Hopefully the idea of putting limits on who can acquire
         | knowledge sounds absurd to you. Why are those same limits okay
         | if they're on 'what' rather than 'who'?
         | 
         | > AI companies are just trying to avoid lawsuits by keeping it
         | secret
         | 
         | Which has created a barrier to further research. Instead of me
         | and Joe being able to collaborate on research and papers using
         | the same datasets, we now hide our training data lest the
         | luddites come to smash the machines because learning is only
         | okay if not done too well.
        
           | brookst wrote:
           | Well said. Extending copyright to control content consumption
           | and learning is a recipe for converting all of our mass media
           | into businesses as abusive and usurious as textbook
           | companies.
           | 
           | This is a power grab by publishers.
        
           | WhiteNoiz3 wrote:
           | > Except these aren't databases, so that's generally not
           | possible
           | 
           | Not directly and not in every case, but it IS possible to use
           | embeddings to link to similar material. People are doing it
           | pretty commonly using the RAG approach and Bard is already
           | providing sources, etc. It may not be perfect, but the onus
           | is on the AI companies to figure out how to do it right not
           | just claim helplessness.
           | 
           | > Okay... but then, if I write a book should I be able to opt
           | out of you being allowed to read it? What conditions should I
           | be able to put on who can read my work?
           | 
           | Sites that don't want to appear in search results or have
           | sensitive info they don't want to get into search engines can
           | use the Robots.txt which is as old as the internet. There are
           | many valid reasons to have mechanisms to prevent something
           | from being included in training data, and I would also argue
           | this is a core feature that is necessary to spur adoption by
           | businesses as we've already seen. Otherwise, I am not sure I
           | understand your reasoning.. people can publish websites and
           | opt to have them excluded from search, the same should apply
           | to AI.
        
       | roenxi wrote:
       | Based on the rate of progress; I think this makes little
       | difference to AI progress in the medium-long term.
       | 
       | At the moment, we don't have hardware that can do what humans do
       | (process video feed from eyeballs and build up a world model). I
       | imagine that we'll cross that barrier cheaply in the coming
       | decades, at which point copyright becomes moot. AIs will be able
       | to develop their own styles and world understanding from scratch,
       | then generate original work.
        
       | koliber wrote:
       | The responsibility for ensuring that copyrights were not violated
       | fall on the person publishing the work. Whether they drew
       | something themselves, hired an apprentice artists with no legal
       | training to draw something, took a photograph of something, or
       | used AI to create an image should not matter.
       | 
       | Why does anyone assume that ChatGPT or other tools would NOT
       | produce previously-copyrighted content?
       | 
       | I can see a naive assumption that since it is "generated" it's
       | original. However that assumption falls apart as soon as you
       | replace "ChatGPT" with "junior artist". Tell them to draw a droid
       | from a sci-fi movie, don't mention anything else. Don't say
       | anything about copyrights. Don't tell them that they have to be
       | original. What would you expect them to produce?
        
         | jawngee wrote:
         | Your argument is nonsense.
         | 
         | The junior artist in your hypothetical would have as much
         | liability, if not more.
        
           | ledauphin wrote:
           | but would they have liability if they submitted their
           | "output" to a senior artist, who immediately shot it down as
           | obviously infringing? Surely not. It's not illegal to draw
           | Mario - just illegal to make money off your drawing.
           | 
           | I think the real question is whether OpenAI should be allowed
           | to charge for generating infringing content. Even though the
           | unit cost of the Mario drawing is negligible, the sum total
           | of their infringing outputs may be making them a lot of
           | money.
        
             | jazzyjackson wrote:
             | you don't have to make money off it, you just can't publish
             | it, except as a parody or commentary or possibly a tutorial
             | on how to draw mario if the judge is having a good day
             | 
             | but "making money = infringement" is folk wisdom. you could
             | certainly say making money attracts attention and increases
             | likelihood of legal action
        
               | shkkmo wrote:
               | Making money off it doesn't just draw more attention, it
               | also makes a fair use defense harder. Non-commercial use
               | isn't necessary or sufficent for fair use, but it does
               | help.
        
             | Levitz wrote:
             | >I think the real question is whether OpenAI should be
             | allowed to charge for generating infringing content.
             | 
             | Well, are they _really_ doing that?
             | 
             | If I rent a server to host a minecraft instance, is the
             | company "charging for a minecraft server"? It is not clear
             | to me that by charging users for AI usage they are
             | complicit for whatever is generated. We don't require Adobe
             | to prevent people from drawing Mickey either.
        
           | koliber wrote:
           | I'm no lawyer but I don't think an employee has much legal
           | responsibility. At worst, they can get fired if they keep
           | producing work that infringes on someone's copyright.
           | 
           | Going with this line of reasoning, if a company uses ChatGPT
           | to generate work, and it produces copyrighted work, the
           | company can stop using ChatGPT.
        
         | TheRoque wrote:
         | So it makes generative AI essentially unusable, because you
         | don't know if the output is plagiarism or not, so you'd just
         | doubt it always and never use it.
        
           | Too wrote:
           | It's usable for internal content, maybe even a small public
           | blog where you sprinkle in some generated pictures instead of
           | stock photos. Nobody will care if your school project
           | contains a Mario holding a Coca Cola.
           | 
           | It's once you start monetizing and publishing on bigger
           | scale, without appropriating, it gets interesting.
        
           | Art9681 wrote:
           | The same tools and methods used to detect plagiarism or
           | copyright violation can be employed to check the generated
           | content and modify it just enough to fall outside the scope
           | of any law banning its use for profit. Inevitably, a platform
           | will emerge to do this. From a technical standpoint it is
           | game over. This is indisputable. By the end of next year many
           | models and software tools will exist whose entire purpose
           | will be to do just this. And the ones deploying those tools
           | at scale will be businesses like the New York Times having
           | realized that the only way to survive this is to float with
           | the unstopable tide. Nothing short of absolute privacy
           | violation will stop web unauthorized web scraping. Tools
           | exist today that automate a browser and easily fool the web
           | servers into thinking its just a person clicking around. It
           | works quite well. It works with authorized accounts. It works
           | in the same way any person would visit a site, highlight some
           | text and copy it. What are they going to do? Require the end
           | user's web cam to be on so they can verify a human is
           | navigating next?
           | 
           | Its game over folks. And this is going to happen with or
           | without our approval and any government that limits the
           | potential use of this is only giving nations that dont a
           | large economic advantage.
           | 
           | Interesting times ahead.
        
           | koliber wrote:
           | No. It"s still very helpful. However you can not blindly take
           | whatever it produces and publish it.
           | 
           | Sometimes it hallucinates.
           | 
           | Sometimes it draws weird looking hands.
           | 
           | Sometimes it generates copyrighted materials.
           | 
           | Check the work it produces.
        
             | schmichael wrote:
             | Check it against what exactly? How do you, the end user,
             | determine an image does not infringe?
        
         | naet wrote:
         | OpenAI is selling access to their GPT models, and those models
         | are outputting copyright material for me to consume... isn't
         | that just as much of a violation?
        
           | ricardobeat wrote:
           | Is AWS violating copyright if you use their servers to
           | transcode pirated content?
        
       | FridgeSeal wrote:
       | I am beginning to think that in these discussions these models
       | are functioning more like an obscuring factor than anything else
       | and the discussion is getting bogged down in that, and not the
       | crux of the argument.
       | 
       | They're giving people plausible deniability in the "chain of
       | responsibility", and I think if we took away "LLM" and replaced
       | it with "fairground sideshow magic box" the argument that LLM's
       | are somehow special and deserving of exemptions disappears real
       | quick.
        
         | jcgrillo wrote:
         | I agree, and I would prefer to see concrete examples of LLMs
         | being used productively and profitably in the industry in a
         | "disruptive" manner--putting people out of work, etc--before we
         | conclude they're somehow the next big thing. Basically, before
         | claiming LLMs (or generative techniques, more generally) mean
         | that we're on the doorstep of "general" intelligence, show me
         | door!
         | 
         | The outline of that door might look like industrial adoption of
         | these things for solving some actual problem other than the
         | entertainment value of typing things into the box and seeing
         | what comes out the other side. But so far, as far as I can
         | tell, nobody's actually doing this?
        
           | orange-mentor wrote:
           | > ...nobody's actually doing this?
           | 
           | I think you're right.
           | 
           | I am a programmer and I use GPT occasionally, and I even pay
           | 20 bucks a month (for now), but even for my job it's not a
           | not a world-shattering improvement.
           | 
           | > ... the entertainment value of typing things into the box
           | and seeing what comes out ...
           | 
           | I would only add that in a consumer society like ours,
           | entertainment is important. Changes to entertainment seem to
           | have, like, weird ripple effects. Not the knock-down economic
           | disruptions that AI is promising, but I kind of think LLMs
           | are just going to make our culture weirder. I can't
           | anticipate how, but having a bunch of little LLM-powered
           | daemons buzzing around the internet is just gonna be freaky.
        
             | jcgrillo wrote:
             | > I am a programmer and I use GPT occasionally, and I even
             | pay 20 bucks a month (for now), but even for my job it's
             | not a not a world-shattering improvement.
             | 
             | I am also a programmer, and when I think about the amount
             | of time I actually spend typing out code, even on a great
             | day where all the stars have aligned just right and I can
             | really bang out some code that's like... idk, 30-50% of my
             | time? Usually it's much less, and I'm doing things like
             | reading documentation, reading code, talking to people,
             | etc. So it's hard to imagine Copilot or whatever making me
             | much more effective at my job, as it can really only help
             | with a fraction of it.
             | 
             | I could see someone making the assumption that being able
             | to delegate programming tasks to a robot assistant might
             | make them more productive, but often I find that I don't
             | _really_ understand a problem fully until I 'm in the weeds
             | solving it--by which I mean I haven't specified it
             | completely until I've finished the implementation and
             | written the tests. So I don't know to what extent being
             | able to specify and delegate would really help me be more
             | productive.
             | 
             | > having a bunch of little LLM-powered daemons buzzing
             | around the internet is just gonna be freaky.
             | 
             | Yeah, they're not super cheap though so they need to get
             | actual work done otherwise there's no reason to run them.
             | Unlike blockchains, they don't have a pyramid scheme
             | holding them up.
        
         | regularfry wrote:
         | I completely agree.
         | 
         | Betamax says that a technology which has significant non-
         | infringing uses is not inherently infringing.
         | 
         | We've already got precedent saying that AI generated works
         | don't accrue copyright protection, and by the same argument the
         | act of generation by the AI expresses no intent, so
         | infringement or otherwise _must_ be down to the human using the
         | output because the black box itself has no agency.
        
       | digitcatphd wrote:
       | Rather than attempting to combat our obvious future, they should
       | spend this effort to find ways to monetize and succeed in this
       | new environment.
        
       | golol wrote:
       | How about this: Image generators should be treated like random
       | google image search. They sample randomly from the distribution
       | of publicly viewable images. Google does it exactly while Image
       | generators do it in an interpolative way. Google images produced
       | copyrighted works most of the time, an image generator only
       | sometimes. Neither should be liable if someone sells a
       | copyrighted work that was produced to someone else.
        
         | elmomle wrote:
         | But when Google image search produces a result, the question of
         | whether it is copyrighted is something I can generally figure
         | out in a matter of seconds or minutes. This is not so for image
         | generators.
        
           | golol wrote:
           | But isn't that the users problem? Also with a smarter reverse
           | image search you can detect an infringement with similar
           | reliability as to using google images.
        
       | caeril wrote:
       | Wow. I feel really sorry for these giant corporations who have
       | wielded armies of lawyers against fanfic artists to prevent fair
       | use, and to prevent trademarks and patents from expiring on the
       | timelines enshrined by law.
       | 
       | Can we all have a moment of silence for poor Bob Iger? Maybe we
       | can start a GoFundMe to help him out?
        
       | hahajk wrote:
       | > And a whole universe of potential trademark infringements with
       | this single two-word prompt: animated toys
       | 
       | If you flood the market and dominate children's culture with toys
       | from your TV shows, you absolutely cannot complain when your toys
       | are considered iconic enough to be the generic "animated toy".
       | These images don't replace or substitute the things they are
       | depicting.
        
       | pxoe wrote:
       | there's an easy fix. the easiest. just don't use data that you
       | don't have the rights to use. apparently that's just impossible.
       | 
       | "but what if we want to scrape the entire web and something makes
       | it in anyway? see, that is impossible". well that's just saying
       | "fuck it" and using bad data anyway. that's not an actual effort
       | to "not use data you can't use" - there was just no way there'd
       | be a 'rights cleared' way to use the entire web anyway. that is
       | impossible. using a clean dataset is not impossible. it's very
       | possible.
        
       | oglop wrote:
       | So what? I feel like I'm taking crazy pills when I read these
       | things. You all do realize the same thing happens in your mind
       | with those same prompts right? That's kinda how it works. Who is
       | surprised by this? Yeah no shit it can kinda reproduce the text
       | it was trained on, so do I! That's how that works. And the NYT
       | knew for a long ass time this thing was ingesting. Literally saw
       | this in the marketing when I signed up last year.
       | 
       | I wasn't shocked when I noticed I could query it about ANY math
       | textbook I owned and it could talk with me about it. I did t
       | bitch and gripe, I enjoyed it and have conversations.
       | 
       | Anyway, I'm in the minority I guess. I love that I can talk with
       | it about books and news.
        
       | AC_8675309 wrote:
       | So the models overfit the training data, essentially memorizing,
       | instead of generalizing?
        
       | ur-whale wrote:
       | It's not for generative AI that thing are about to get a lot
       | worse.
       | 
       | It is in fact the very notion of Copyright is breathing its last
       | breath, and it is fantastic to be alive to see it happen.
        
       | ultrablack wrote:
       | We are all trained on copyrighted input. That is not a problem.
       | What is a problem is if you reproduce it and try to claim
       | copyright for that. If someone wants to create their own image of
       | Mario in an AI, so what?
        
         | gumballindie wrote:
         | We are not machines. The argument that procedural text and
         | image generators are similar to us is ridiculous. The issue is
         | not whether people can generate images. The issue is ai
         | companies stealing content and reselling it. That needs to
         | stop.
        
           | rvz wrote:
           | > The argument that procedural text and image generators are
           | similar to us is ridiculous.
           | 
           | Agreed. The amount of endless whataboutisms AI proponents
           | have to continuously invent around comparing humans and AI
           | machines as having 'similar' characteristics to justify mass
           | copyright violation is just absolutely laughable.
           | 
           | > The issue is ai companies stealing content and reselling
           | it.
           | 
           | The key point here is the 'reselling' part, without credit,
           | attribution or permission to do so and then claiming the
           | creation as one's own. The fact that these AI companies won't
           | disclose their training data, tells us that they know they
           | are in deep trouble. The so-called 'fair use' excuses isn't
           | going to work this time.
           | 
           | Given that Apple paid news orgs to train on their licensed
           | data, the lawsuit with the NYT should not be a surprise for
           | OpenAI and Microsoft (as they knew that they needed to pay
           | for a license to access and train on the data) and will
           | eventually end with a licensing deal with the NYT.
        
             | noitpmeder wrote:
             | It's like the ones arguing in favor of blatant AI theft
             | have a monetary incentive to see that they succeed.
             | 
             | Or, gasp, they are LLMs themselves.
        
       | Log_out_ wrote:
       | That sound, as if layers and layers of renteering aristocracy
       | were forced to work again against their will.
        
       | legendofbrando wrote:
       | Surely one answer is to train (or aggressively fine-tune) a new
       | model that doesn't (or refuses) to produce these outputs and then
       | - as exists already, augment that model's understanding of
       | copyrighted material by having it Bing/Google search as a RAG
       | process that requires the end user to log into accounts at the
       | New York Times (and other accounts) with their paid sub. This
       | broadly replicates the process a person could do today when they
       | read the internet and summarize it while paying rights holders.
       | 
       | Expensive to do but hardly the end of Generative AI or OpenAI
       | should that be the difference between having a business or being
       | sued out of existence. Never underestimate people who have a
       | clear economic interest especially when their own existence is at
       | stake.
        
       | 1shooner wrote:
       | Imagine a future where copyright registration involves
       | contributing your IP to a public adversarial model, which is then
       | a regulated layer in future generative model licensing.
        
       | DigitallyFidget wrote:
       | Per United States law, imagery/art/music/text/photography
       | generated by non-human means (such as machinery, animals, or
       | generative AI) cannot hold copyright.
       | https://copyright.gov/comp3/chap300/ch300-copyrightable-auth...
       | Section 306 on page 7.
       | 
       | I'm not sure how it'll hold up in law to claim copyright
       | violations against something that wasn't created by a person.
       | It'll really depend on the lawyers and judge's interpretation of
       | written law. But I'm curious to see what comes of this.
        
         | zanfr wrote:
         | hmm then it meants generative music, as in say brian eno's
         | experiments aren't copyrighted?
        
           | iwontberude wrote:
           | I guess so! Good point.
        
           | jimbobimbo wrote:
           | Did he ever use AI to generate music? As opposed to crafting
           | and using an algorithm, in which case the computer is just an
           | instrument, like synthesizer is.
        
         | sgt101 wrote:
         | So on your interpretation if I photocopy a book and then sell
         | the photocopies to my friends there is no infringment?
         | 
         | I don't think so, but hey, a photocopier is a machine and it
         | generated the book so should be ok!
        
       | zanfr wrote:
       | no matter how you look at it; the cat is out of the bag. OpenAI
       | could be censored but you can't censor the opensource
        
       | _giorgio_ wrote:
       | This guy built a career around nonsensical and catastrophic
       | endings.
       | 
       | Everything that he sees has mysterious flaws that never happen.
        
       | aimor wrote:
       | I did an interesting thing and looked at how well the Llama2
       | models could compress text. For example, I took the first chapter
       | of the first Harry Potter book and recorded the index of the
       | 'correct' predicted token. The original text, compressed with
       | 7zip (LZMA?) to about 14kB. The Llama2 encoded indexes compressed
       | to less than 1kB. Then, of course, I can send that 1kB file
       | around and decode the original text. (Unless the model behaves
       | differently on different hardware, which it probably does)
       | 
       | What I get from this is that Llama2 70B contains 93% of Harry
       | Potter Chapter 1 within it. It's not 100% (which would mean no
       | need to share the encoded indices) but it's still pretty
       | significant. I want to repeat this with the entire text of some
       | books, the example I picked isn't representative because the text
       | is available online on the official website.
        
         | proaralyst wrote:
         | While I don't disagree that these models seem to contain the
         | ability to recreate copyrighted text, I don't think your
         | conclusion holds. How well does zstd compress Harry Potter with
         | a dictionary based on English prose? I think you'll get some
         | impressive ratios, and I also think there's nothing infringing
         | in this case.
        
         | sebzim4500 wrote:
         | Couldn't you use the same argument to reach the absurd
         | conclusion that the 7zip source code contains the vast majority
         | of Harry Potter?
         | 
         | A decent control would be to compare it to similar prose that
         | you know for a fact is not in the training data (e.g. because
         | it was written afterwards).
        
           | aimor wrote:
           | I think the same argument would have to compare 7zip's
           | compression to some other compression algorithm. Then we can
           | say things like "7zip is a better/worse model of human
           | writing". And that's probably a better way to talk about this
           | as well.
           | 
           | You're right that a better baseline could be made using books
           | not in the training set, to understand how much is the model
           | learning prose and how much is learning a specific book.
        
         | tayo42 wrote:
         | This is a little confusing. You turned the text into indices?
         | So numbers? Then compressed that? Or the text as numbers
         | without any extra compression is only 1kb?
         | 
         | The tokenizer the models use,(sentence piece) is more or less
         | based on one way to do compression.(bpe). It's not really clear
         | what your testing.
        
           | daemonologist wrote:
           | My reading is that at each generation step they ordered all
           | possible next words by the probability assigned to them by
           | the model and recorded the index of the true next word (so if
           | the model was very good at predicting Harry Potter their
           | indices would mostly be 0, 0, 0, ...).
        
             | aimor wrote:
             | This is correct
        
         | regularfry wrote:
         | What it tells you is that 93% of the information is
         | sufficiently shared with the rest of the English language such
         | that it can be pulled out into a shared codebook. LZMA doesn't
         | have a codebook, not really.
         | 
         | In other words it's not that llama2 contains 93% of Chapter 1,
         | it's that only 7% of Chapter 1 is different enough to anything
         | else to be worth encoding in its own right.
        
       | ctoth wrote:
       | Everybody just buying into the corporate narrative that anyone
       | can actually own these sorts of things.
       | 
       | Who truly owns the tales of Snow White and Cinderella?
       | 
       | These stories didn't originate with Disney; they are part of a
       | rich tapestry of folklore passed down through generations.
       | Disney's success was partly built on adapting these existing
       | narratives, which were once shared and reshaped by communities
       | over centuries.
       | 
       | This conversation shouldn't just be about the technicalities of
       | AI or the legalities of copyright; it should be about
       | understanding the deep roots of our shared culture.
       | 
       | At its core, culture is a communal property, evolving and growing
       | through collective storytelling and reinterpretation.
       | 
       | The current debate around AI and copyright infringement seems to
       | overlook this fundamental aspect of cultural evolution. The
       | algorithms might be new, but the practice of reimagining and
       | repurposing stories is as old as humanity itself.
       | 
       | By focusing solely on the legal implications and ignoring the
       | historical context of cultural storytelling, we risk overlooking
       | the essence of what it means to be a creative society.
       | 
       | As a large human model, (no really I could probably lose some
       | weight) I think it's just silly how we're all sort of glossing
       | over the fact that Disney built their house of mouse on existing
       | culture, on existing stories, and now the idea that we might
       | actually limit the tools of cultural expression to comply with
       | some weird outdated copyright thing is just...bonkers.
        
         | iainctduncan wrote:
         | Copyright has never been based on a moral stance. It has always
         | been determined by the lobbying power of various groups.
         | 
         | The idea that we should dispense with it to let generative AI
         | companies make even more money seems totally bizarre.
        
           | logicchains wrote:
           | >The idea that we should dispense with it to let generative
           | AI companies make even more money seems totally bizarre.
           | 
           | How's that bizarre, if as you state copyright has always been
           | based on "money makes right" not some moral stance?
        
           | RecycledEle wrote:
           | > The idea that we should dispense with it [copyright] to let
           | generative AI companies make even more money seems totally
           | bizarre.
           | 
           | The idea is that we should remove abuses of copyright to
           | allow our society to move forward, and thereby continue to
           | exist.
           | 
           | Imagine if there was a law at the beginning of the Industrial
           | Revolution that said when non-human labor was used, the
           | Animal Welfare Office had veto power. Then imagine that the
           | Animal Welfare Office declared steam engines to be immoral,
           | and so steam engines were never used in industry, at least
           | not in the Wester World. The Orient would eventually rise as
           | the world's only industrial power.
           | 
           | In the same way, if we let the copyright industry veto
           | generative AI, it will destroy the Western World.
           | 
           | Our students are already at a huge disadvantage compared to
           | Chinese students who get every book ever translated into
           | Chinese for free (except a few immoral works that they would
           | not want to see anyway.)
           | 
           | Those who pose an existential threat to our civilization are
           | rent seekers who abuse copyright in the US to go beyond
           | protecting "science and the useful arts," who seek infinite
           | copyright terms, who grab every creative work We The People
           | create and register lying paperwork to ensure they can steal
           | our creative genius to enrich their cabal.
           | 
           | If this was only a for-profit scheme, it would not be so bad.
           | Do you remember when they Hollyweird degenerates sued a
           | Christian company that wanted to put our G-rated versions of
           | the movies aimed at children? The Christian company never
           | suggested they not pay for the movies. No matter what the
           | Christian company was willing to pay, they were not allowed
           | to publish child-friendly versions of the movies. This proves
           | Hollyweird's goal is to push degeneracy.
           | 
           | The battle against abuses of copyright is a fight for Western
           | Civilization. The fight against abuses of copyright if a
           | fight for our souls.
        
             | noitpmeder wrote:
             | This is an insane amount of fear mongering. Chinese shops
             | have been shamelessly ripping IP from Western companies for
             | years, should we now throw out those laws and let it happen
             | in the US too for the sake of competitive advantage?
             | 
             | Why stop there? There's a ton of child labour in China and
             | other part of the world that yield economic advantages.
             | Should we let that happen in the western world too?
             | 
             | AI is wonderful in so many ways. But we should not throw
             | out our entire way of life to adapt to a new technology.
        
             | shkkmo wrote:
             | > Do you remember when they Hollyweird degenerates sued a
             | Christian company that wanted to put our G-rated versions
             | of the movies aimed at children? The Christian company
             | never suggested they not pay for the movies. No matter what
             | the Christian company was willing to pay, they were not
             | allowed to publish child-friendly versions of the movies.
             | 
             | If anyone is curious, this is what is being semi-accuratly
             | referenced:
             | https://www.crosswalk.com/culture/features/editing-
             | companies...
             | 
             | Whole I disagree that the motivation is "degeneracy" and I
             | doubt that there isn't a sum large enough to get studios on
             | board, it is a pretty interesting example to bring up when
             | discussing how much control we should give copyright
             | holders.
             | 
             | Notably, it is legal to have a filter that changes playback
             | not legal to provide a modified version of the original,
             | even if you paid for that original.
        
         | jerf wrote:
         | "Who truly owns the tales of Snow White and Cinderella?"
         | 
         | If you want to make your point, you need to choose something
         | that isn't already public domain. Disney already only owns
         | their own interpretations, and, arguably, whatever penumbric
         | emanation they can convince a court is stealing from them, but
         | it still certainly isn't the entire space of Snow White and
         | Cinderella stories. There is some fairly recent stuff being
         | used in the images in the article and there isn't even any
         | question whether or not it's Mario or Coca Cola; if Nintendo
         | and Coca Cola did a cross promotion I could believe the exact
         | images that popped out.
         | 
         | If they were trying to claim the entire concepts of dumpy
         | plumbers dressed in any manner vaguely like Mario that would be
         | one thing... but that's Mario and Luigi, full stop. That's
         | Robocop. That's C3PO. It's not even subtle. If we can AI-wash
         | those trademarks away then we can AI-wash absolutely anything.
        
           | lovecg wrote:
           | I think the world would be completely fine without a
           | copyrighted C3PO or Robocop. George Lucas didn't have
           | billions of merchandising revenue in mind when working on his
           | wild and thought unlikely to be successful science fiction
           | movie in the 70s. Robocop was also a labor of love. We don't
           | really need Nth Star Wars sequel powered by those extra
           | profits. The art form could be healthier overall.
        
             | livinginfear wrote:
             | > George Lucas didn't have billions of merchandising
             | revenue in mind...
             | 
             | Doesn't copyright stop other people from making billions in
             | merchandising revenue off of George Lucas' ideas without
             | his consent?
             | 
             | > We don't really need Nth Star Wars sequel powered by
             | those extra profits.
             | 
             | Without a copyrighted C3PO, he could start turning up in
             | just about anyone's derivative works. There could be
             | horrible Star wars sequels forever, or TV ads with C3PO
             | selling household cleaning products.
        
               | kevindamm wrote:
               | "As a protocol droid, I cannot actually recommend the
               | best smelling cleaning product, but these are the most
               | purchased cleaning products:"
               | 
               | ...followed by a semi-hallucinated list containing at
               | least a few being marketed by C3PO.
        
               | lovecg wrote:
               | Centralization makes a difference here I think. Disney
               | built an impressive machine where everything feeds on
               | everything else. The problem is not so much bad sequels
               | per se, it's all the marketing that goes into making sure
               | they solidly occupy their corner of our mindshare and
               | force the whole industry to compete churning out more and
               | more subpar sequels. If one company would build a Star
               | Wars theme park, another produced toys etc. etc. this
               | might not be a huge concern.
        
             | 6gvONxR4sf7o wrote:
             | Fine if they weren't copyrighted today, or ever? Because if
             | copyright was eliminated the day Star Wars was released,
             | other people would have copied the film reels and charged
             | for entry, and Lucas would have hardly made a cent. Or if
             | copyright was eliminated the day he went looking for
             | funding, it wouldn't have ever been made. Personally, I
             | think the world's a little richer for star wars's
             | existence.
        
           | d6e wrote:
           | Am I not allowed to draw Mario? I don't really see the
           | difference in me drawing mario or an AI drawing mario.
        
             | troupo wrote:
             | > Am I not allowed to draw Mario
             | 
             | Probably not for anything commercial, not for any
             | exhibitions or public viewing etc. You'd have to check the
             | actual trademarks etc.
        
               | haskellandchill wrote:
               | Hasn't pop art already been there done that?
        
             | idopmstuff wrote:
             | This has always felt like the important-but-ignored
             | distinction to me. You can definitely draw Mario! Copyright
             | doesn't protect against you doing so. You can also use
             | tools to recreate copyrighted materials. For example, you
             | can use Word to type out the text of a copyrighted book.
             | Perhaps more relevant to the AI discussion, you can use a
             | scanner and printer to reprint copyrighted text.
             | 
             | What you can't do is use those recreations for commercials
             | purposes. You can't sell your paintings of Mario. You can't
             | decorate your business with Mario drawings.
             | 
             | That's why I've always felt like the idea that AI should be
             | blocked from creating these things is generally not the
             | right place to look at copyright. Rather, the issue should
             | be if someone uses AI to create a picture of Mario and then
             | does something commercial with it, you should be able to go
             | after the person engaging in the commercial behavior with
             | the copyrighted image.
        
               | strix_varius wrote:
               | > That's why I've always felt like the idea that AI
               | should be blocked from creating these things is generally
               | not the right place to look at copyright. Rather, the
               | issue should be if someone uses AI to create a picture of
               | Mario and then does something commercial with it, you
               | should be able to go after the person engaging in the
               | commercial behavior with the copyrighted image.
               | 
               | With you until here for several reasons:
               | 
               | 1. It's not possible for you as an individual consumer to
               | know whether or not the AI result is a violation, given
               | an AI that has been trained on copyrighted works.
               | 
               | 2. Before you, the AI consumer, uses the generated
               | result, a company (in this case OpenAI) is _already
               | charging for it._ I 'm currently paying OpenAI. That AI
               | is currently able and willing to sell me copyrighted
               | images as part of my subscription. Frankly that should be
               | illegal, full stop.
               | 
               | I look forward to AI enhanced workflows and I'm
               | experimenting with them today. But it's morally
               | indefensible to enable giant corporate AIs to slurp up
               | copyrighted images/code/writing and then vomit it back
               | out for profit.
        
               | SergeAx wrote:
               | But... OpenAI is clearly profiting their $20/m on drawing
               | Mario pictures and word-by-word reproduction of NYT
               | articles?
        
         | walt74 wrote:
         | Agreed, but to tackle the problem from that perspective would
         | require making LLMs a public good, preferably run by the state,
         | akin to public libraries. This could not only solve for the
         | copyright problem, the state may even make it mandatory for
         | publishers to contribute their published writings to the public
         | LLMs. I'm sure libertarian tech bros have that in mind when
         | they insist on open source development (which _then_ opens
         | another whole can of worms when you consider interpolative
         | knowledge as intellectual nuclear fission, but that 's another
         | story).
        
         | pardoned_turkey wrote:
         | Oh come on. Copyright is a fairly ancient concept that benefits
         | normal people as much as it benefits big corporations. Most
         | book authors, songwriters, and so on aren't fat cats, and they
         | would be harmed if we had zero protections for the duplication
         | of their work. They'd need to depend on state sponsorship or
         | charitable private patronage, both of which are problematic for
         | obvious reasons and limit the range of artistic expression more
         | than the market does.
         | 
         | Instead, we came up with a system where you can actually derive
         | fairly steady revenue by creating new works and sharing them
         | with the world. And critically, I think you misinterpret it as
         | calling dibs on shared culture or on stories. Copyright is
         | usually interpreted fairly narrowly, and doesn't prevent you
         | from creating inspired works, or retelling the same story in
         | your own words.
         | 
         | Generative AI is a problem largely because it destroys these
         | revenue streams for millions of people. Yeah, it will be
         | litigated by wealthy corporations with top-notch lawyers, for
         | self-interested reasons. But if we end up with a framework that
         | maintains financial incentives to artistic expression, it's
         | probably a good thing.
        
           | shkkmo wrote:
           | This is full of so many inaccuracies.
           | 
           | > Copyright is a fairly ancient concept
           | 
           | The idea is fairly old, but it's current implementation in
           | law is not nearly that old.
           | 
           | > that benefits normal people as much as it benefits big
           | corporations
           | 
           | Clearly false if you measure that benefit in monetary terms.
           | 
           | > Copyright is usually interpreted fairly narrowly, and
           | doesn't prevent you from creating inspired works, or
           | retelling the same story in your own words.
           | 
           | Absolutely false. You can absolutely be stopped from
           | retelling copyrighted fictional stories. You can even be
           | stopped from telling new stories with derivative characters
           | or settings.
           | 
           | > Generative AI is a problem largely because it destroys
           | these revenue streams for millions of people.
           | 
           | How? The restrictions on selling images of Mickey Mouse exist
           | regarless of if they were created with or without AI
           | assistance.
           | 
           | > But if we end up with a framework that maintains financial
           | incentives to artistic expression, it's probably a good
           | thing.
           | 
           | We already have that framework and arguably it is already far
           | more restrictive than it needs to be to maintain incentives
           | for artistic creation. Indeed, these rules now often limit
           | new artistic expression or prevent artists from monetizing
           | their creations.
           | 
           | The types of art that are helped the most today by the
           | copyright laws of tosay are the kinds that require large
           | budgets to produce. The types of art that are most hurt are
           | those produced by fans who want to build new things upon the
           | narratives in our shared culture.
           | 
           | We need to shorten copyright durations and expand fair use
           | protections and monetization options for derivative works. We
           | don't need to make copyright even more powerful than it
           | already is.
           | 
           | Edit: If you disagree, I'd be curious to hear your answer to
           | this question. A character like Harry Potter is so widely
           | known that it is now a ubiquitous part of our culture. To
           | incentive new novels, what is the minimum duration we need to
           | give J K Rowling control of who is allowed to write stories
           | about this cultural touchstone?
        
             | ben_w wrote:
             | > How? The restrictions on selling images of Mickey Mouse
             | exist regarless of if they were created with or without AI
             | assistance.
             | 
             | Scale.
             | 
             | GenAI automates creation of things that are derived from
             | but strictly aren't the same as the original content; as
             | it's (currently) not possible to automate the detection of
             | derivative works (which is something copyright is supposed
             | to be about), this means actual humans have to look at each
             | case, and that's expensive and time consuming and O(n*m) on
             | n new works that have to be compared against m existing in-
             | copyright works for infringement.
             | 
             | I also think copyright is too long, FWIW; but the way most
             | people discuss arts, I think humans can be grouped into "I
             | just want nice stuff" and "I want to show off how cultured
             | I am", and the latter will _never_ accept GenAI even if it
             | 's an upload of the brain of their favourite artist, simply
             | because when it becomes easy it loses value. I'm in camp
             | "nice stuff".
        
               | intended wrote:
               | I feel this is true for the _internet_. I do not find
               | scale being a valid defensive aspect for copyright here.
               | 
               | For that matter, Photoshop has made art creation so easy,
               | that we dont need GenAI to be swiming in more copyright
               | infringement than we know what to do with.
               | 
               | There is absurd amounts of content being created, no
               | human will ever be able to see it all.
               | 
               | Copyright will continue to work - if someone creates a
               | rip off so popular that it becomes an issue for copyright
               | holders, the DMCA and the rest of the tools they forced
               | into the fabric of the net still exist.
               | 
               | A few steps furhter down this argument, you get back to
               | deep packet inspection, and the rest of the copyright
               | wars which ended up making life worse.
        
               | ben_w wrote:
               | The internet is a lesser example, but yes, it is also
               | true for a million fans posting their own fan art.
               | 
               | Arm those million fans with GenAI instead of pen and
               | paper and MS Paint, and it gets more extreme.
               | 
               | But I disagree WRT Photoshop; that takes much more effort
               | to get anything close to what GenAI can do, and (sans
               | piracy) is too expensive for amateurs. Even the cheaper
               | alternatives take a lot of effort to get passable results
               | that take tens of seconds with GenAI.
        
               | shkkmo wrote:
               | > Arm those million fans with GenAI instead of pen and
               | paper and MS Paint, and it gets more extreme
               | 
               | "More extreme" is not an explanation of how the change in
               | scale matters here.
               | 
               | Indeed, what I would argue is there is no fundamental
               | change in scale. Digital reproduction plus the internet
               | already caused the change in scale. We already had the
               | capacity for anyone to produce fan art and publish it or
               | reproduce existing work and publish that. What has
               | changed is not a question on quantity, but one of
               | quality. Those fan artists now have tools so thay even
               | the lower skilled artists can produce higher quality
               | work.
               | 
               | Indeed, this is the real threat to artists from
               | generative AI. Narrowing that skill gap is understandably
               | threatening to those who make money with their artistic
               | skills. I think trying to restrict the development of
               | this technology is a losing battle. I think trying to do
               | so by expanding the powers granted by copyright will
               | exentuate the existing flaws with our modern copyright
               | laws.
               | 
               | Instead, I'd prefer to solve that problem by reducing the
               | strength of copyright. If we make AI generated or derived
               | works un-copyrightable than companies that want to own
               | copyright on their content will have to keep paying
               | people to create it.
        
               | shkkmo wrote:
               | > actual humans have to look at each case, and that's
               | expensive and time consuming and O(n*m) on n new works
               | that have to be compared against m existing in-copyright
               | works for infringement.
               | 
               | That scale already exists. The amount of community
               | generated derivative works already dwarfs the capacity of
               | copyright holders to review each piece. The ease of
               | publishing reproductions already makes endorcement a
               | question of priorizing the larger infringers and ignoring
               | those with no reach.
               | 
               | Indeed, prohibitions of training on copyrighted work
               | without a special license seem like they make it harder
               | to develop the sorts of AI can detect derivitave works.
               | 
               | As case law makes clear that people running the prompts
               | and picking the output to keep are liable for infrinent
               | then there will be demand for tools to detect derivitave
               | works and either filter or warn the user.
        
         | greenthrow wrote:
         | This reply is so incredibly out of touch with reality.
         | Copyright law is very clear. If anything the "corporate
         | narrative" here is that "AI" is somehow something new and
         | different and these laws don't apply. Which is nonsense.
        
         | syndacks wrote:
         | Did you read the article? Who owns Mario? Nintendo owns Mario,
         | full stop. Your argument completely eschews the legal system of
         | which modern society depends on to function as effectively as
         | it does. There's a reason you can't steal other people's work.
        
           | ben_w wrote:
           | Nintendo owns both the trademark (even if not specifically
           | registered) and the copyright, but these are distinct things.
           | 
           | As I'm not a lawyer I don't want to embarrass myself by
           | opining whether or not Nintendo has any claim over
           | photographs of cosplays or other fan art, especially given
           | quite how close two of the "video game plumber" images seemed
           | to be to what they do own. The other two images, being a lot
           | more fan-art-like, are examples where I think it would be an
           | interesting question rather than incredibly obviously too
           | close to Nintendo, although even there "interesting" means I
           | wouldn't be surprised by an actual lawyer saying either of
           | "this is obviously fine" _or_ "this is obviously trademark
           | infringement regardless of what it was trained on".
           | 
           | Now I'm wondering if there even are any videogame plumbers
           | besides Marion and Luigi...
        
           | shkkmo wrote:
           | Mario is a 30 year old culural touchstone that is well known
           | by people who have never played a Nintendo game.
           | 
           | I don't see why we need to give Nintendo the exclusive right
           | control the use of Mario for the next 65 years. That duration
           | of control is absolutely not necessary for society to
           | function.
           | 
           | Society would function just fine of the copyright on mario
           | had expired two decades ago.
        
         | fnordpiglet wrote:
         | While a great concept in practical reality we live under a
         | system of laws not of our individual devising, and known to be
         | imperfect. While we can advocate for reform, reality is, LLM
         | makers will be judged under the current law as it currently is
         | formulated. The novelty will be the LLM and its technologies,
         | not a total rethink of copyright under some noble cultural
         | openness concept.
         | 
         | So, it's not actually a corporate narrative, it's actually the
         | law that the narrative stems from, right or wrong. Maybe
         | corporations had a huge role in shaping the law (I'd note
         | copyright benefits individuals as well, though), but it is not
         | mere propaganda or shaping of a shared reality through
         | corporate narrative. It's enforced by the guys with the guns
         | and jails, as arbitrated by a judge.
         | 
         | It absolutely must be about the technicalities of the law as
         | it's at the basis a legal issue. By hand waving it away and
         | claiming the social narrative is the right discussion you
         | ignore the material consequences and reality in favor of a
         | fantasy. We absolutely should -also- discuss the stifling
         | nature of copyright and intellectual property, but you can't
         | ignore what's actually happening here at the same time.
        
       | octacat wrote:
       | I am expecting politicians would do some nice mental gymnastics
       | regarding regulating this. All major IT companies are doing genai
       | now and nobody wanna hurt the companies.
        
       | throwuwu wrote:
       | Copyright is fucked. Even if Open AI somehow loses this and has
       | to delete GPT4 and their training data, the generative AI cat is
       | so far out of the bag that it's gone on to live a full life and
       | have many grandkittens. It's already easy to install and run
       | generative models and it's just going to get easier and the
       | models will keep getting better. These lawsuits are futile and
       | won't matter in 2 years or less.
        
       | yieldcrv wrote:
       | a lot worse for cloud providers hosting generative AI
       | 
       | the models can be fine
        
       | iainctduncan wrote:
       | I am constantly suprised by the amount of apologizing for
       | generative AI infringement here. The fact that it's already being
       | done and is a technical breakthrough is irrelevant to _existing_
       | copyright law.  "We are big and innovative" may hold weight with
       | legislators, but it won't with the courts.
       | 
       | Remember when everyone and their dog discovered sampling in the
       | late 80's and they all thought they could get away with it
       | because it didn't seem like infringement to the samplers? The
       | courts had no qualms about slapping record labels for putting out
       | records with unlicensed samples in them. Albums even got pulled
       | off shelves while licenses were sorted out.
       | 
       | These companies are charging for a service that returns
       | copyrighted content, full stop. You can't do that whether you are
       | AI or someone drawing Mario and selling the pictures on iStock,
       | or putting out records that sample someone else's work without
       | permission. It took a while in the case of sampling, but it sure
       | as hell happened.
        
         | deputy wrote:
         | [deleted]
        
       | qgin wrote:
       | Things are about to get a lot worse for generative AI _in the
       | United States_
       | 
       | They are about to be infinitely better for generative AI in
       | China.
        
         | noitpmeder wrote:
         | China has massive IP theft and Chile labour issues that
         | arguably give them competitive advantages too. Should we let
         | those slide as well?
        
       | smrtinsert wrote:
       | The NYTimes case is a clear one because they are delivering
       | nearly the same content as an end product to users. The others
       | seem like dead ends. The infringer would be the prompter, not the
       | AI which operates more like a search engine. This is Napster all
       | over again, what a phenomenal waste of time and money, where the
       | artist will definitely come out with 0 at the end of it and a few
       | corporations control everything - not to mention, there's nothing
       | stopping anyone from releasing a tool that will crawl all
       | spongebobs, generate your model for you and allow you to produce
       | locally copyright infringing material it to your hearts content
       | locally. You could drown yourself in local spongebobs.
        
       | airstrike wrote:
       | I have no patriotic skin in the game, being neither American, nor
       | European, nor Chinese, but this copyright issue seems overblown
       | to me and like the perfect way to hand the leadership in
       | generative AI over to China
        
         | startupsfail wrote:
         | Would you prefer to live under Chino-Russia dominating the
         | technology sector or EU-US?
        
           | airstrike wrote:
           | EU-US, but were I consulted by the Chino-Russia camp, I'd say
           | encouraging this debate is in our best interest and we should
           | do our best to promote the issue as a real "danger"
        
       | dmbche wrote:
       | Hey so the problem isn't the output of the LLMs but the input -
       | the data they are trained on is stolen (big suprise, you can't
       | claim fair use when using something commercially, like training
       | your LLM).
       | 
       | The output is irrelevant.
       | 
       | Edit1: If you want to verify this, check out all the lawsuits
       | against AI companies : it's always about using their copywritten
       | goods. Any discussion about the output is to talk about the
       | amount of damage done to the copyright holder, not if damage
       | exists or not.
        
         | kromem wrote:
         | Here's one of the senior legal peeps at the EFF who has
         | litigated IP cases talking about the issue:
         | https://www.eff.org/deeplinks/2023/04/how-we-think-about-cop...
         | 
         | It's not as clear cut as you think it is.
        
       | wslh wrote:
       | While different, I find this discussion about AI and copyrights
       | as an evolution of the war that never was: Google/FB converting
       | in the portal/proxy for content and while it is not generative AI
       | you can find copyrighted images just using Google Images or as an
       | snippet in the normal search engine. I mention Google because it
       | is the de facto monopoly but this applies to a lot of
       | aggregators.
       | 
       | I know we are talking about different technologies but it seems
       | all these people were very silent and find some opportunity in
       | having this war with OpenAI (not an endorsement) but not fighting
       | others.
       | 
       | I am not making an statement about the morals of AI and
       | aggregators/search engines (super interesting discussion that in
       | a way was happening for long) but I am surprised that
       | organizations are "just" waking up. It seems they just see it is
       | a much simple and cheap fight.
        
         | theamk wrote:
         | The thing with Google is it is super trivial to exclude your
         | text - tag on page, header on server, etc.. So all the
         | conversations about google "stealing" context always seemed
         | pretty silly to me.
         | 
         | Compared to that AI offers no way to opt out, which is a big
         | difference.
        
         | dmbche wrote:
         | Personal use of copywritten material is fine - there is no
         | breach of copyright when you download a picture from Google for
         | yourself.
         | 
         | If you use it commercially then there is breach.
         | 
         | Uploading copywritten content is a breach of copyright as well,
         | even without commercial use.
         | 
         | Google/Facebook are hosting and giving access to a bunch of
         | media, which might or might not be copywritten - it's the
         | individuals problem.They make.money from ads, not from the
         | content.
         | 
         | AI companies stole copywritten media to train their commercial
         | LLM, sell them or their products and make profit.
         | 
         | I don't think it's the same.
        
       | gfodor wrote:
       | Gary Marcus is the master of AI FUD
        
       | goertzen wrote:
       | No they are not.
       | 
       | This is a negotiation tactic by the NYT to drive up the licensing
       | price. Period.
       | 
       | The Napster/Music Industry analogy has no resemblance to this
       | situation.
       | 
       | The only meaningful question that might be answered as a result
       | of this is, what permission and access rights do crawlers have to
       | content that is publicly and legally available.
        
         | 8organicbits wrote:
         | Surely there's a meaningful question about copying and
         | distributing content verbatim, which GPT has been shown to do.
        
           | sgt101 wrote:
           | Also the use of the content as per provision on the web.
           | 
           | NYT is paywalled - you have to agree to a license to access
           | it, there are exclusions in that agreement that I don't
           | understand but I think may be important in this discussion!
        
           | CuriouslyC wrote:
           | Not really. Models are a device capable of producing
           | protected content given some input contortions. So are Xerox
           | machines.
        
             | 8organicbits wrote:
             | If I Xerox'd a book and sold copies to people I'm clearly
             | violating copyright. I'm not sure I follow.
        
               | CuriouslyC wrote:
               | Nobody has given Xerox an injunction against researching
               | or building copiers because you can copy books and sell
               | them.
        
               | 8organicbits wrote:
               | Right. If a publisher found a specific Xerox machine was
               | being used to copy and commercially distribute a book, in
               | violation of copyright, they'd ask for an injunction on
               | the person doing that. With OpenAI, the NY Time can see
               | their copyrighted material on both the input (training)
               | side and distributed output (generated) side of a
               | specific LLM implementation. So they cry foul on OpenAIs
               | actions, not LLM in general.
               | 
               | There appears to be an open question about if the LLM can
               | freely ingest copyrighted material and output it verbatim
               | without violating copyright. That seems like an obvious
               | "no" to me, unless we decide that LLM has special
               | treatment.
        
         | noobermin wrote:
         | The article does not mention napster, where did this reference
         | come from?
        
       | SKILNER wrote:
       | I don't understand the glee so many people have over this. I love
       | being able to use Generative AI tools. How is it different than
       | if I asked a person to draw these pictures for me? I know someone
       | will gleefully clobber this question with a legal answer, but
       | God, let's move forward, hunh?
        
         | wharvle wrote:
         | A bunch of rich people are raiding a little bit of work, each,
         | from a whole bunch of people, then walling it off so they can
         | get richer.
         | 
         | I'd not have a problem with this, personally, if their models
         | were as available as the stuff they took from others. Instead
         | it's take, take, take... now _wait_ a minute, _that_ pile of
         | loot I stole is _mine_!
        
       | dang wrote:
       | Related ongoing thread:
       | 
       |  _NY times is asking that all LLMs trained on Times data be
       | destroyed_ - https://news.ycombinator.com/item?id=38816944 - Dec
       | 2023 (93 comments)
       | 
       | Also:
       | 
       |  _NY Times copyright suit wants OpenAI to delete all GPT
       | instances_ - https://news.ycombinator.com/item?id=38790255 - Dec
       | 2023 (870 comments)
       | 
       |  _NYT sues OpenAI, Microsoft over 'millions of articles' used to
       | train ChatGPT_ - https://news.ycombinator.com/item?id=38784194 -
       | Dec 2023 (84 comments)
       | 
       |  _The New York Times is suing OpenAI and Microsoft for copyright
       | infringement_ - https://news.ycombinator.com/item?id=38781941 -
       | Dec 2023 (861 comments)
       | 
       |  _The Times Sues OpenAI and Microsoft Over A.I.'s Use of
       | Copyrighted Work_ - https://news.ycombinator.com/item?id=38781863
       | - Dec 2023 (11 comments)
        
       | amai wrote:
       | Should the NYT not sue https://commoncrawl.org/ ? OpenAI just
       | used the data from commoncrawl for training.
        
         | noitpmeder wrote:
         | Is that true? Has OpenAI revealed exactly what is in their
         | training set?
        
       | karmakaze wrote:
       | It shouldn't matter how the images/etc are created. The problem
       | comes about when it's used as an original work by the person
       | that's doing so.
       | 
       | Imagine instead of AI/ML, we have a mechanical-turk-like service
       | that produces output from descriptions. The service makes no
       | claims that the generated outputs are not similar to any
       | copyrighted works. The only claim the service makes is that they
       | themselves claim no copyright on the output. It's then up to the
       | user of the service to determine if the output is suitable for
       | their intended use.
       | 
       | Whether such a service itself is legal is a separate matter. For
       | that matter, say you outsourced the artwork to a person who again
       | gave you infringing work. The user of that output is still in
       | violation. With AI/ML we're basically outsourcing to a 'service'
       | that is known to sometimes output copyrighted work so with the
       | user knowing that, are responsible for fair usage.
        
       | wayeq wrote:
       | We need to figure out how to ever so gradually move toward a
       | post-copyright economy.
        
       | karmakaze wrote:
       | The real 'problem' is how do we navigate the present and near
       | future where much more than physical labor is being automated?
       | This is where we need sustainable solutions. The rough road on
       | the way should also be smoothed out so as not to disrupt so many
       | lives, but it's good to keep a perspective what and why we're
       | doing these things.
        
       | jlnthws wrote:
       | We could get inspiration from the case of the record industry
       | against Napster, or cabs VS Uber. Both parties are somehow
       | abusing their position, but the world is moving on. Rent seeking
       | is probably not an absolute source of wealth after all.
        
         | RecycledEle wrote:
         | Rent seeking should be a capital crime.
        
       | RecycledEle wrote:
       | If we get rid of unconstitutional copyrights in the US, this ges
       | away.
       | 
       | Recall that according to the US Constitution, copyright can only
       | be on on "science and the useful arts."
       | 
       | Alternately, we could restore a reasonable limit to the duration
       | of copyrights, like 14 years.
        
       | shkkmo wrote:
       | It seems like this article makes a basic copyright mistake. I
       | don't see any evidence that these are " reproductions" of source
       | material like since no source image is linked to compare.
       | 
       | Instead, these are derivative works. We already have a
       | flourishing culter of derivitave works, such as fan art that
       | exist in various shades of legal greyness.
       | 
       | Some derivative works are fair use, some are not.
       | 
       | The position of the Author here seems to be that generative AI
       | should not be capable of creating any derivitave works, or should
       | only be able to do so it it can accurately identify which are
       | fair use and which aren't (which seems like an impossibly tall
       | bar.) This stance seem like a giant attack on fair use that
       | significantly expands the power of copyright.
       | 
       | To me, the takeaway from this is different. This makes clear that
       | there is currently a risk when using AI generated art that you
       | could end up unintentionally creating and publishing a derivative
       | work unintentionally and thus without evaluating if that work
       | constitues fair use.
        
       | tim333 wrote:
       | They are just going to have to inform the AI in some sense of the
       | current copyright situation and ask it not to infringe.
       | 
       | It's the same for human writers. If you are writing an article
       | for Wikipedia say, you should read relevant source articles and
       | then rewrite in a way that isn't a copy and paste beyond a few
       | words.
        
         | noitpmeder wrote:
         | Ok I'll bite. Let's assume you've informed the current models
         | about copyright and asked them not to infringe...
         | 
         | What happens when they continue to do so.
        
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