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A blanket "the ML model's output is not at derivative of the input" from a legal perspective. Seems wrong to me, for some types of model sure that might right.
by einarfd 5y ago
A blanket "the ML model's output is not at derivative of the input" from a legal perspective. Seems wrong to me, for some types of model sure that might right. For example if you train a model on recognition pictures of houses, then sure even if the pictures you used where copyrighted, the output of that model, wouldn't be. But that that generalize to one that created pictures of houses, and started outputing copies of the input pictures, that I would be surprised if was OK. So I'll agree that for some models the output isn't a legally derived from the input, but all, no I don't think that is true.
If running the data through a ML model, removes the copyright. Then we could always train models with specific input to remove copyright on that data, and we follow through on that. We could easily remove copyright on anything, and that would, if the courts upheld that. Be the death kneel for copyright. Can't really see that happening. But maybe that is just my limited imagination.
- formerly_proven 5y agoThe supposed blanked "training ML is fair use, and the output of ML is not a derivative work" precedent is this: https://en.wikipedia.org/wiki/Authors_Guild,_Inc._v._Google,_Inc.#Second_Circuit_appeal https://en.wikipedia.org/wiki/Authors_Guild,_Inc._v._Google,... Maybe I can't read, but it's just not there. This ruling giving precedent to train generative ML systems with any source material seems to be nothing more than a shared fiction entertained by the ML industry.