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Given the content used to create the model was created mostly by humans, what separates copyright being granted to a collection of text files (source code) bein

by zamnos 4y ago

Given the content used to create the model was created mostly by humans, what separates copyright being granted to a collection of text files (source code) being run through a highly mechanized process (compiled) to produce a copyrightable work (Adobe Photoshop)? Sometimes there are expanded rights on the text files (eg LGPL, or public domain) that still result in the output of a mechanical process applied to those text files, along with some creativity on accompanying text files (source code calling that library), with a mechanical process applied to it to still achieve a copyrightable work (any binary that calls an LGPL library, or uses public domain code). This is to say, Facebook need to show some level of creativity, which opinions about the contents of their data set would count as ("This subreddit is toxic, that subreddit is good stuff..."). If recipe books are copyrightable, I have a hard time seeing ML models as not being covered.

shagie 4y ago
This is described more in Copyright in Derivative Works and Compilations https://www.copyright.gov/circs/circ14.pdf https://www.copyright.gov/circs/circ14.pdf > Compilations of data or compilations of preexisting works (also known as “collective works”) may also be copyrightable if the materials are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes a new work. When the collecting of the preexisting material that makes up the compilation is a purely mechanical task with no element of original selection, coordination, or arrangement, such as a white-pages telephone directory, copy-right protection for the compilation is not available.
- zamnos 4y ago
  Interesting! My "I'm not a lawyer" read of that is that if Facebook did actually inject some opinion like that some specific subreddit is toxic, then the model would be covered under copyright.
  - shagie 4y ago
    I don't believe that would be quite right. If Facebook were to have a collection of posts and then, and then had humans go through and tag them and filter them for... lets say... "from 'bros'" (just as a slightly silly example but one that implies some curation of the data). That collection of posts (the Bro Data Set) would be something that could be copyrighted as a collection (setting aside the "is this a derivative work of the posts" question). Going from the collection of posts to a model, however, is a purely mechanical process. There is no human creative element in creating the model from the collection of posts. Thus the model wouldn't be sufficiently creative to have a copyright of its own. The question of "is the model infringing on the copyrights" is one that is open and interesting. I (not a lawyer) would side on that it is sufficiently transformative that the model, while not being able to be copyrighted itself isn't infringing on the copyrights of the material that was used to train it - HOWEVER it may produce infringing works when prompted to do so either intentionally or unintentionally. Going back to the cookbook. If you create a cookbook of seafood recipes (recipes are not copyrightable, but the cookbook is because it is curated data) and I take that cookbook and apply the mechanical change of "double the recipes - 4 oz of salmon becomes 8 oz and serves 2 becomes serves 4" my collection of recipes isn't copyrightable because all I did was apply math to it. Likewise, taking a collection of posts (or pictures) and applying math to it isn't able to be copyrighted.

by zamnos 4y ago

shagie 4y ago

This is described more in Copyright in Derivative Works and Compilations https://www.copyright.gov/circs/circ14.pdf https://www.copyright.gov/circs/circ14.pdf > Compilations of data or compilations of preexisting works (also known as “collective works”) may also be copyrightable if the materials are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes a new work. When the collecting of the preexisting material that makes up the compilation is a purely mechanical task with no element of original selection, coordination, or arrangement, such as a white-pages telephone directory, copy-right protection for the compilation is not available.

zamnos 4y ago
Interesting! My "I'm not a lawyer" read of that is that if Facebook did actually inject some opinion like that some specific subreddit is toxic, then the model would be covered under copyright.
- shagie 4y ago
  I don't believe that would be quite right. If Facebook were to have a collection of posts and then, and then had humans go through and tag them and filter them for... lets say... "from 'bros'" (just as a slightly silly example but one that implies some curation of the data). That collection of posts (the Bro Data Set) would be something that could be copyrighted as a collection (setting aside the "is this a derivative work of the posts" question). Going from the collection of posts to a model, however, is a purely mechanical process. There is no human creative element in creating the model from the collection of posts. Thus the model wouldn't be sufficiently creative to have a copyright of its own. The question of "is the model infringing on the copyrights" is one that is open and interesting. I (not a lawyer) would side on that it is sufficiently transformative that the model, while not being able to be copyrighted itself isn't infringing on the copyrights of the material that was used to train it - HOWEVER it may produce infringing works when prompted to do so either intentionally or unintentionally. Going back to the cookbook. If you create a cookbook of seafood recipes (recipes are not copyrightable, but the cookbook is because it is curated data) and I take that cookbook and apply the mechanical change of "double the recipes - 4 oz of salmon becomes 8 oz and serves 2 becomes serves 4" my collection of recipes isn't copyrightable because all I did was apply math to it. Likewise, taking a collection of posts (or pictures) and applying math to it isn't able to be copyrighted.