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“Did they have a right to use publicly posted images” is up for the courts to decide
by dymk 4y ago
“Did they have a right to use publicly posted images” is up for the courts to decide
- cudgy 4y agoPretty sure that’s already decided. Publicly played movies and music are not available to be used. Why would the same not apply to posted images?
- dymk 4y agoWhat court case set the president that you can’t train a neural network on publicly posted movies and audio?
- Xelynega 4y agoI'd assume the precedent would be about sharing encoder data, which would be covered in bittorrent cases. "Training a neural network" is an implementation detail. These companies accessed millions of copyrighted works, encoded them such that the copyright was unenforcable, then sell the output of that transformation.
- dymk 4y agoNot being able to reproduce the inputs (each image is contributing single bytes to the neural network) is relevant. Torrent files are a means to exactly reproduce their inputs. Diffusion models are trained to not reproduce their inputs, nor do they have the means to.
- UncleEntity 4y agoIf you post a song on your website and I listen to it am I violating your copyright? If my parrot recites your song after hearing my alleged infringement, I record its performance and post it on YouTube is that infringement? Last one, if I use the song from your website to train an song recognition AI is that infringement?
- Xelynega 4y agoIf I host a song I don't have license to on my website I'm violating copyright by distributing it to you when you listen on my site. If my parrot recites your song after hearing it and I record that and upload to YouTube. I've violated your copyright. If a big company does the same(runs the song through a non-human process, then sells the output) I believe they're blatantly infringing copyright.
- dymk 4y agoBig Company is not distributing the input images by distributing the neural network. There is no way to extract even a single input image out of a diffusion model.
- UncleEntity 4y agoI should have specified the OP has legal rights to the song and the end user listening was under the same granted/implied license as a program doing the web harvesting, my bad.