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It would make no sense to release the weights under the GPL because machine-generated stuff is uncopyrightable. There should be an argument about the model gene

It would make no sense to release the weights under the GPL because machine-generated stuff is uncopyrightable. There should be an argument about the model generating derivative works without attribution as a consequence of how it works. But that machine-generated stuff is also uncopyrightable, even though it might be kept secret.

carom 2y ago
What about compiler outputs? Those were initially not copyrightable then it was legislated that they were. So there is some precedent there and I would not be surprised if we saw copyrightable weights in the future (as a "compilation" of the dataset).
- wakawaka28 2y ago
  It could be legislated of course. But the difference is pretty drastic. Almost nobody is creating binaries without a compiler. It is a mechanical process, but essentially everyone uses the same mechanical processes to generate binaries. I haven't looked at this issue in a while but I think compiled binaries are treated in a way similar to that of recorded music. For example, the particular bit patterns from a synthesizer might be generated from sheet music, and that is akin to code vs. binaries. But the bit patterns are copyrightable only so far as they are equivalent to or the direct manifestation of a creative work. There are other problems with releasing model weights under the GPL. It just doesn't fit, in the same way as releasing non-software under the GPL doesn't make sense. Calling the output of generative AI copyrightable violates the spirit of copyright, as it is neither creative nor labor-intensive. We could quibble about that, but I think we can at least agree that the point is that this generative AI stuff requires very little skill to use in most cases and can't operate without prior art to train on. Other lame stuff has been copyrighted before, like paint splatters and stuff, but even that type of art appears to involve more skill than entering a few words into a generative AI.

carom 2y ago

What about compiler outputs? Those were initially not copyrightable then it was legislated that they were. So there is some precedent there and I would not be surprised if we saw copyrightable weights in the future (as a "compilation" of the dataset).

wakawaka28 2y ago
It could be legislated of course. But the difference is pretty drastic. Almost nobody is creating binaries without a compiler. It is a mechanical process, but essentially everyone uses the same mechanical processes to generate binaries. I haven't looked at this issue in a while but I think compiled binaries are treated in a way similar to that of recorded music. For example, the particular bit patterns from a synthesizer might be generated from sheet music, and that is akin to code vs. binaries. But the bit patterns are copyrightable only so far as they are equivalent to or the direct manifestation of a creative work. There are other problems with releasing model weights under the GPL. It just doesn't fit, in the same way as releasing non-software under the GPL doesn't make sense. Calling the output of generative AI copyrightable violates the spirit of copyright, as it is neither creative nor labor-intensive. We could quibble about that, but I think we can at least agree that the point is that this generative AI stuff requires very little skill to use in most cases and can't operate without prior art to train on. Other lame stuff has been copyrighted before, like paint splatters and stuff, but even that type of art appears to involve more skill than entering a few words into a generative AI.