2 ms·
Isn't the purpose of a ML model to describe actual facts, derived mechanically and not creatively, and thus might not be subject to US copyright in the first pl
by nitrogen 8y ago
Isn't the purpose of a ML model to describe actual facts, derived mechanically and not creatively, and thus might not be subject to US copyright in the first place?
- penagwin 8y agoBut you could argue that the weights of the model wouldn't be what they are without the copyrighted work. Since their model does use the work, apart of it was "derived" from that piece.
- sls 8y agoThis isn't about the various senses the English word "derived" can have, it's about the specific meaning of the legal term "derivative work." That would start with including major elements of another work and those elements being subject to copyright (e.g. in the US, book titles are not). There's no point in talking about how one could argue that something wouldn't be what it is without something else, that's not the legal basis at all. In no legal sense are the Indiana Jones movies derivative works of the old 1930's serials just because they were sources of inspiration.
- pgeorgi 8y agoIt may not constitute a new copyright (like a database copyright on a new collection of stuff copyrighted by others), but that doesn't invalidate existing copyrights and the license requirements under which the copyrighted material was used. But I'm not a lawyer, so no idea how the interactions are in that situation. The closest analogy I could think of are sampling in music: how much must the original works be atomized before they don't count anymore?
- gnopgnip 8y agoBeing subject/able to copyright, complying with the license, and not infringing on the original work are separate issues