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Ask HN: Is there a license to protect my code and art from AI?
I'm looking for a way to protect my GPL/MPL/other code and CC game artwork against ML that would ingest it to produce other work. The only exception is when someone uses maps to train AI-driven bots - that's fine. So, I'm looking into some standardized way to tell my work is for human use only. Ideally, also in automated way, like prefixing headers with something like /* <NOML> */.
- formerly_proven 4y agoThe legal theory used by ML companies that allows them to use any and all data a crawler can reach on the internet rests on the idea that training ML models with data is always fair use. ML companies thus argue they are entitled to ignore such directives, as those would be based around copyright licensing, and according to their own legal theory that's unnecessary for them. And just to be clear, a theory is all this is. It has never been tested in court.
- IYasha 4y agoAt least I could try writing something future-proof, in case this uncertainty changes. No one can be "entitled to" access everything they stumble upon. E.g. accessing restricted government resources is prohibited. I'm myself not a lawyer by any means, all I can do now is write something "Stop right there, machine scum!" in hope in the future this will do something. Or we could agree on some industry standard for now, like robots.txt... which doesn't, of course, guarantee anything. I wonder if EFF is working on something similar.
- Dylan16807 4y agoIf they're restricted than how did a data crawler find them? But that doesn't matter. For this topic we only care about the materials that are intentionally published to the open web, and the different ways those materials can be licensed.
- schoen 4y agoI didn't work on the AI policy stuff at EFF, but the last time I remember this question explicitly coming up was in the Google Books case, where Google cited language model training as an example of a fair use of book scanning (more than a decade ago, when it wasn't yet obvious how powerful language models would become). I don't recall if EFF specifically endorsed that example, but we did support Google's overall position. I'd estimate a decent chance EFF will say that there isn't a right under existing copyright law to restrict machines from learning from copyrighted works. Remember that EFF usually does not want copyright rights to be stronger. (Probably the most general way to put it is that EFF basically always wants new uses of creative works made possible by technology not to be governed by copyright -- to have their benefits accrue to users.) (I worked at EFF from 2001 to 2020.) Edit: you could look at Jaron Lanier's stuff for the opposing view; I don't know if he has any specific technical or legal proposals.
- IYasha 4y agoThanks for the info. AFAIK, AI trainers try to use public domain literature and art, for now, but that's not really obligatory.
- cf141q5325 4y ago>E.g. accessing restricted government resources is prohibited. Do you have that problem? That your code/art is accessible to the wider world when it shouldnt be? In that case it sounds more like a task for somebody with a security background then for someone with knowledge of copyright.
- IYasha 4y agoThe truth is... .gov data is leaking here and there, but, if it's not the access that is punished, then it's the distribution... or knowledge. Which brings us to a VERY sensitive topic of knowledge. And thought crimes. /(o_o)\
- cf141q5325 4y agoI have zero compassion for attempts to push the ball down this spectrum. If you miss configured your server the answer isnt criminalizing more and more stuff. Its fixing your server config and access policy. Your configuration, your problem. There is nobody else to blame once you know its leaking.
- IYasha 4y agoWhile I can understand what you mean, that paves way to a different extremity: basically, "it's your fault your toaster was stolen - you didn't build safe enough house" argument. What I am trying to assess, though, is the fact that "there's something that is not yours and the owner decides if you can have/copy/ML it". Not the fact that someone did. Or, if did, what would the consequences be.
- cf141q5325 4y agoIf you leave it in front of your property next to the trash can without a pricetag then yes it absolutely is. Because people rightfully assume you are giving stuff away. We are not talking about "not safe enough", we are talking about you giving a copy to anyone who wants one. Nothing is stolen, you are handing stuff out and dont bother to check who you give it to. Trying to skip over the admin to fix this missconfiguration and going straight to the lawyer is the attempt to externalize costs. Which is where the lack of compassion comes in. This is a shitty thing to do. This is not a lawyer problem, nobody broke in, nobody took anything. You are giving stuff away. Go talk to an admin on how to only give your toaster to the people that you want to give it to.
- karatinversion 4y agoYou say that accessing restricted government resources is prohibited, but even this restriction has caveats. Famously, (New York Times Co v. United States) the federal government could not stop newspapers publishing stories based on classified documents they had obtained.
- throwaway675309 4y agoYou can't expect a data scraper that can access the same publicly available information as a regular visitor to somehow magically know the difference. Misconfigured servers are 100% the fault of the admin.
- Dylan16807 4y agoI would amend that to say the fair use defense depends on the design of the model, but most of these companies are going for that type of design.
- throwmeup123 4y ago[dead]
- TiredOfLife 4y agoDefine human.
- distcs 4y ago> Define human. This comment is such a shallow dismissal of a good post that brings up a genuine and legally complex question that many readers of HN care about. Are you trying to be clever? Because this comment is anything but clever. It is not hard to define humans. The humans are biologically animals and have a certain set of properties that can be easily searched online. For instance https://en.wikipedia.org/wiki/Human https://en.wikipedia.org/wiki/Human And no you cannot just weasel your way into somehow fooling us or a jury that machines and AI algorithms that exhibit similar properties are also human! I frankly don't understand the point of your comment.
- dotancohen 4y agoPerhaps humans are well-defined, but are the OP's requirements so well defined? If I train a chimpanzee to complete `foo = "` with `bar"`, is that in the spirit of the OP's wishes?
- distcs 4y ago> Perhaps humans are well-defined, but are the OP's requirements so well defined? And that would be a good and insightful question and make an interesting discussion. Posting a two word comment like "Define human." without substantiating it as if the two words are supposed to communicate something very clever is not! It is lazy and presumptuous.
- bigB 4y agoMuch like your response, but yet you did it anyhow
- Dylan16807 4y ago>> It is lazy and presumptuous. > Much like your response, but yet you did it anyhow Their initial response was not lazy. And how do you not be presumptuous in response to such a vague two word comment? A Rorschach test is not a good way to communicate.
- lamuswawir 4y agoThought of the same thing with voice. Can there be any limits on voice reproduction by AI?
- IYasha 4y agoYeah, but this is a whole new level. Voice is part of biometric data, reproduction of which could be practically classified as impersonation.
- chii 4y agoThe right to restrict learning from the literary work is not a right that is granted under copyright. You can make your code something that cannot be _reproduced_ without a license, but you cannot stop someone from learning ideas from your published code. This does not require a license (only distributing, or making derivative works needs licenses). Whether that learning comes via ML, or a real flesh human brain, i think, makes no distinction. You will need to lobby for an update to copyright laws to add a new right to be granted.
- omnicognate 4y ago> Whether that learning comes via ML, or a real flesh human brain, i think, makes no distinction. You think. Others disagree. It has not yet been tested in court.
- quonn 4y agoExactly. The current laws were made based on typical human capabilities. Since the level of remembering content that some of these AIs now do is different (potentially more accurate and maybe faster) it would make sense to treat them accordingly. Additionally there is something to be said for overfitting: On one end of a spectrum I could have a well trained AI and on the other end I could have a lookup table of the training data and somewhere in the middle maybe a model that overfits a lot and produces something close to the original content. How about that? I think there are a lot of interesting questions here.
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- vfistri2 4y agoWould be interested in art copyright too. But honestly I have no idea how to prove that ML model was trained on my art.
- IYasha 4y agoYes, the proof... Actually, there must be some diff tool to compare models before and after processing some source? I'm not sure, but it must be possible to detect pieces of come ingested data in the model itself. I've seen the famous "wolf misdetection" investigation screenshots, when the AI, apparently labeled a dog as a wolf because there was snow around on the picture.
- l33tman 4y agoFor Stable Diffusion I think the average number of bits in the model compared to the number of training images is in the order of 6-8 bits per image. There is no "storage" of the training images. It's 250 TB data in, and 1.4 GB in the weight file or so depending on the precision.. I think those 250 TB are compressed as well, so maybe 25,000 TB raw data in distilled down to 1.4 GB. I fairly certain you could never prove an AI saw your image. You'd have to sue the company and by discovery look at their training data. There are probably pathological cases where a repeating image is more strongly overfit in the training data and could be reproduced in much more detail than this average though. But the systems learn similar to the human brain, they learn the gist of a style or scene and how it relates to words. It's not a search engine, it doesn't copy/paste any block of pixels... One interesting example is that since SD's original training set included some stock photo watermarked images, it learned that there was a concept of watermark, which can end up in the middle of generated images. Not in an intelligible way, but you can see roughly how it interpreted this detail. And in those cases you DO have a very very repeating similar pixel bitmap in the training data.
- bigB 4y agoMy rather unpopular view is that if its available for humans to read on the internet, there is nothing different than a machine reading it, other than scale. There is nothing stopping a human from reading your code and using it themselves, or at the very least adapting it for themselves. Unless its a copy or contains actual code you have written then Im not sure you can actually defend it....other than having it locked down on the internet. Of course none of this is tested in court, and my feeling is that once it is, we will end up with a system similar to the robots.txt or maybe even the ML companies forced to attribute work, which would be a major pain for them. Personally Im not sure where I stand with what is right or wrong as I can see both arguments...for example Artists regularly take inspiration from closely studying other artists, producing works from them which is often similar or the same style. Yet this is seen as perfectly ok in the Art world, as long as its not a copy, much of the time they dont even need to say who inspired them. How is this different from AI doing the same thing other than it not being human ? On the other hand someone sees a company making money from something that looks inspired from their art, with no credit, I can also understand how they might feel...its going to be very interesting how this plays out, and at this point either side could win
- IYasha 4y agoWith ML there's the "M", machine, and that machine (and its algorithms btw) is owned by someone. If we back away from general concept of intelligence a bit, that owner is who can be held accountable. Maybe that would get them motivated a bit. And with the robots.txt approach, I understand, there'll definively be some rogue AI that would parse and process that on purpose :) As for "doing the same thing", well, kind of, yeah, we're back to the thousands years old copycat problem. But this time art/code creators don't want others having machine that could recreate years of work in a minute with a push of a button. Also, artists usually acknowledge who did they learn from or who's style are they trying to recreate... but that's an ethic thing..
- quicklime 4y ago> there is nothing different than a machine reading it, other than scale Copyright itself was introduced because of the scale of the printing press, which fundamentally changed the economics of publishing. Is it reasonable to assume that scale doesn’t change things?
- qikInNdOutReply 4y agoYou can obfuscate your codebase, forcing the ML to generate endless amounts of intangible boilderplate. You can add malevolent code to your code base, which allows at best for the ml project to gain self-awareness (copilot "shodan") and at worst to just add maleware. Of course you then Dont forget to remove the evil pre-compilation. If you do art, i think the best think to throw AI would be fractal details, aka your picture never ends upon zoom in, but just becomes more art. That or you try to throw the weights in another way.
- IYasha 4y agoHeh-heh... Now you made me want to add some unused crashy-washy honeypot functions to my libraries :)))) This thought kinda sliped into my mind not long ago. But that won't work with the art. You can't put "unused pixels" into your picture. :D (but what about steganography, though?... I wish I could do a science paper on this)
- qikInNdOutReply 4y agoYou can do horrendous things. All it takes one ground truth provider to not sanitze the input, and meta being trained in. Imagine hosting images, that are poisoned to corrupt training data: https://www.youtube.com/watch?v=hdCs6bPM4is https://www.youtube.com/watch?v=hdCs6bPM4is I wonder if you could add api calls that are billed per call to your open source project and let copilœdUpCode accumulate tremendous bills before sending them at the end of year. Imagine you can get it to do it in useless loops async. I just realized, im watching the "capitalist software revolution eating itself" stallman always prophesized live. Allmende public thrust is being eaten up and all that remains is a dark forrest, stalked by parasite riddled hunters and prey. That is until humanity rebels and dissolves all companies larger then 100 people.
- throwaway675309 4y agoI don't get your comment about copilot code, it's not a zip bomb, when you use copilot or any other type of coding assistant, it just auto completes your code. any reasonably proficient software developer is going to sanitize and proofread appropriately. It's an LLM - not a sandbox to compile and execute code. Same thing applies to the idea of self similar imagery, a.k.a. a fractal. Once you rasterized it, it's by definition no longer recursive in nature.
- marcus_yallow 4y ago[dead]
- visarga 4y agoThe <NOML> tag is a nice idea, maybe #noml social networks. But its efficacy depends on the good will of those who create the datasets. Another approach could be a NOML registry for art and code. But practically what you need to do is to stop crawlers from reading your code/art by robots.txt or captcha. If your works don't get into CommonCrawl and similar datasets they won't be used for model training. I think you can still enable Google Bot while rejecting AI data collectors on your sites. <rant> I think copyright refers only to expression, not the ideas themselves. So training on copyrighted code and art should be ok as long as expression is not copied. In these cases where an AI developer wants to train on the ideas without learning the expression they can re-generate the data using the "variations" method, works both in image and text. This will create substitute data, like anonymising PII. </>
- im3w1l 4y agoIf you put code online publicly-readable then there is a signicant probability that it is allowed to train ML on it. So the first step you need to take is not doing that. You must ensure that anyone that reads your code has first signed an agreement not to train ML on your code. If like GPL you want to allow people to share your code further, and make derivative works, then you must ensure that those people lock such works behind restrictions in the same way, such that derivative works can also only be read after signing the license.
- IYasha 4y agoBasically, what GPL and variants of CC do. Ideally, I'd want some universal addendum to whatever license I choose for my work. But, again, I'm no lawyer, and that could be hard to create.
- iinnPP 4y agoI see this issue as the same issue seen by the MPAA when looking at piracy. The tech is there. It won't ever leave. If you cut off one head, three will replace it. In my opinion: Copyright is a failure and the absolute best move, with the advantage AI has given to everyone, is to abolish copyright.
- IYasha 4y agoProbably, yes. But I'm not really trying to put up a copyright barrier to enforce or sue people. I at least want to have a way of telling AI developers "please don't do that".
- dns_snek 4y agoThis is completely different from piracy which is enabled by a distributed network of individuals who have strength in numbers, it would be impossible to prosecute them all. On the other hand copyright laws are extremely effective in stopping legal entities from distributing copyrighted content without repercussions. These advanced AI models will be trained and licensed by current and future corporations. A law or judicial precedent that denies "fair use" when it comes to machine learning would stop OpenAI and GitHub Copilot dead in their tracks. I'm not that worried about Billy's home-brewed AI model, it's just something we'll have to accept, but stopping exploitation on the scale of $billions would get us 99.9% of the way there. > In my opinion: Copyright is a failure and the absolute best move, with the advantage AI has given to everyone, is to abolish copyright. I agree with this. I fundamentally disagree with the idea of introducing 2 different sets of rules which completely correlate with wealth; companies being allowed to bypass copyright laws to train their models and make money from "our" work, while retaining copyright over their software and trained models. I might agree with machine learning using "fair use" as a defense iff the datasets, trained models, and all accompanying software are released into the public domain. This way everyone gets to benefit from these technological advancements.
- presspot 4y agoThe stated purpose of copyright law is to promote the Progress of Science and the Arts. Congress decided to grant limited "rights" to copyright holders as incentives for them create, not to protect their work forever, but in exchange for it to be widely available and eventually in the public domain. That these incentives take the form of limited protections is a side effect. That the original purpose is often corrupted and delivered ham-handedly has more to do with politics than purpose. If we argued from first principles, we could invent a better system, but that system would undoubtedly allow for ingestion and manipulation by AI.
- jraph 4y agoI also want my work protected from being used to train models that will produce code where my attribution and redistribution conditions are not respected. In particular, I don't want my work to help building proprietary software. Or I want to at least be paid for this. I explicitly use (A)GPL so people need to make their work available to their users, with the relevant rights to adapt and redistribute, if they want to use mine. However, I'd rather not see a separate license / mechanism for this, because now we would have people who'd be fine with their work being used this way, people like us who are not fine with this and people who don't know / care. And mixing code from people of these different groups, which the licenses you cited allow, is going to be a mess. I also would like that this not be opt-out, but opt-in. Eventually, we need the legal system to do its work quickly and tell us if fair use can be used to train ML models and in which conditions, so we can build a strong defense.
- foolrush 4y agoResisting the structure requires an epistemic shift; resist applying a license.
- SinisterAlex 4y agoOne a sidenote - is it only Github that openly states that AI is trained on the code you publish there? What about GitLab, GitBucket etc...