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I'm not a copyright maximalist, and I kind of agree that training should be fair use. Maybe I'm right about that, maybe I'm wrong. BUT importantly, that has to
by danShumway 4y ago
I'm not a copyright maximalist, and I kind of agree that training should be fair use. Maybe I'm right about that, maybe I'm wrong. BUT importantly, that has to go hand in hand with an acknowledgement that AI material is not copyrightable and that training on other model output is fine.
What companies like OpenAI want is a system where everything they build is protected, and nothing that anyone else builds is protected. It's wildly hypocritical, what's good for the goose is good for the gander.
That some AI proponents are now freaking out about how model output can be legally used shows that on some level those people weren't really honestly engaging with artists who were freaking out about their work being appropriated to copy them. It's all just "learning from the art" until it affects somebody's competitive moat, and then suddenly people do understand how LLM weights could be seen as a derivative work of their inputs.
- seydor 4y agoThat shouldn't be hard. Are Google's results copyrightable?
- shagie 4y agoBuilding things and maintaining it as a trade secret can be protected as a trade secret. Trade secrets don't need to be copyrightable (e.g. list of customer numbers is a trade secret but not copyrightable). https://copyrightalliance.org/faqs/difference-copyright-patent-trademark/ https://copyrightalliance.org/faqs/difference-copyright-pate... > Trade secret protection protects secrets from unauthorized disclosure and use by others. A trade secret is information that has an economic benefit due to its secret nature, has value to others who cannot legitimately obtain it, and is subject to reasonable efforts to maintain its secrecy. The protections afforded by trade secret law are very different from others forms of IP.
- mattnewton 4y agoI am not a lawyer, but I don’t believe a trade secret would prevent someone from reverse engineering your model’s knowledge from it’s output though, in the same way that it doesn’t prevent someone from reverse engineering your hot sauce from buying a bunch and experimenting with the ingredients until it tastes similar.
- shagie 4y agoYep, that's correct. My point was more of there are protections for things that aren't copyrightable. If the model is protected as a trade secret, then it is a trade secret. The example of the hot sauce recipe is quite apt - the recipe isn't copyrightable, but you can be certain that the secret formula for how to make Coca-Cola syrup is protected as a trade secret. https://www.coca-colacompany.com/company/history/coca-cola-formula-is-at-the-world-of-coca-cola https://www.coca-colacompany.com/company/history/coca-cola-f...