4 ms·

Under your standard, how are any drawing programs legal? I can draw copyrighted Disney characters and it doesn't stop me.

__loam 3y ago
The obvious answer here is that the drawing program did not require copyrighted material from Disney to be created.
- megaman821 3y ago
  What does that have to do with outputs? If ingesting data is a fair use violation it doesn't matter what the model outputs. I was responding that is the responsibility of the program creator stop all fair use violations instigated by its users.
paxys 3y ago
Case #1 – I host a database and fill it with copyrighted data. You come by and make queries and access that data. Cast #2 – I host a blank database. You fill it up with copyrighted data, and later access that data. You are alluding to case 2, and yes over there it is debatable who committed the violation. You will mostly likely be at fault if it fits under section 230. This situation however is case 1. OpenAI is the one who accessed the copyrighted data, copied it, hosts it, and is giving everyone access to it. There is zero argument that the user is at fault here (which is what they are trying to say in this blog post).
- megaman821 3y ago
  ChatGPT isn't a lookup database, it is a generative system. I doubt the court is going to demand perfection from them, only that they don't make producing copyrighted materials trivially easy, and when new ways are found that they respond in a reasonable amount of time to stop it.
  - paxys 3y ago
    Plenty of the examples given in NYT's lawsuit would qualify as "trivially easy".
    - megaman821 3y ago
      That would be fine by me if the court found that, but ruled that training is fair use. Ideally the DMCA would be extended to outline what generative platforms need to do to discourage the output of copyrighted materials.
  - LargeTomato 3y ago
    > it is a generative system. It's supposed to be, but it regurgitated the NYT article and that's the problem.
maronato 3y ago
You are drawing the character, not the program. You are not allowed to sell your Disney character drawing because Disney holds the rights to the character. ChatGPT is the one producing the article and profiting off it.

__loam 3y ago

The obvious answer here is that the drawing program did not require copyrighted material from Disney to be created.

megaman821 3y ago
What does that have to do with outputs? If ingesting data is a fair use violation it doesn't matter what the model outputs. I was responding that is the responsibility of the program creator stop all fair use violations instigated by its users.

paxys 3y ago

Case #1 – I host a database and fill it with copyrighted data. You come by and make queries and access that data. Cast #2 – I host a blank database. You fill it up with copyrighted data, and later access that data. You are alluding to case 2, and yes over there it is debatable who committed the violation. You will mostly likely be at fault if it fits under section 230. This situation however is case 1. OpenAI is the one who accessed the copyrighted data, copied it, hosts it, and is giving everyone access to it. There is zero argument that the user is at fault here (which is what they are trying to say in this blog post).

megaman821 3y ago
ChatGPT isn't a lookup database, it is a generative system. I doubt the court is going to demand perfection from them, only that they don't make producing copyrighted materials trivially easy, and when new ways are found that they respond in a reasonable amount of time to stop it.
- paxys 3y ago
  Plenty of the examples given in NYT's lawsuit would qualify as "trivially easy".
  - megaman821 3y ago
    That would be fine by me if the court found that, but ruled that training is fair use. Ideally the DMCA would be extended to outline what generative platforms need to do to discourage the output of copyrighted materials.
- LargeTomato 3y ago
  > it is a generative system. It's supposed to be, but it regurgitated the NYT article and that's the problem.

maronato 3y ago

You are drawing the character, not the program. You are not allowed to sell your Disney character drawing because Disney holds the rights to the character. ChatGPT is the one producing the article and profiting off it.