5 ms·
In what way are ‘rightsholders’ expressing wishful thinking? I assume you are saying that there is no violation of those rights controlling various properties t
by throwaway17_17 2y ago
In what way are ‘rightsholders’ expressing wishful thinking? I assume you are saying that there is no violation of those rights controlling various properties that have been used to train ‘AI’. You then mention precedent in a way that implies there are legal decisions that make it clear ‘AI’ training using copyrighted material does not violate the rights of those who own that material. Could you list or link to such a precedent?
To the best of my knowledge, there is no direct precedent from any federal circuit addressing this issue and certainly no USSC opinions dealing with the issue. Additionally, any analogies drawn from precedent focused on other areas of intellectual property law is easily distinguishable. This is truly fresh legal ground and the next 10 years of jurisprudence will go a long way towards building the precedent that your comment would imply to already exist.
Just to be explicit, the above, while a legal opinion, IS NOT legal advice.
- jpalawaga 2y agoCopyright law stipulates the conditions in which content can be reproduced, not conditions in which it can be consumed. Arguably the material has been learned and not copied. Maybe in some cases learned with an uncanny ability or photographic memory, but learned. (People with photographic memories also cannot reproduce content in an unlimited fashion).
- b112 2y agoLearned! There's nothing special about an LLM, there's no learning, and they regurgitate verbatim text too. May as well say curl + images in a db are learned as well, so thus I can use Mickey Miuse as I please in my php web page.
- drdeca 2y agoWhile learned is probably not the best word to use as far as describing the legality goes, I also don’t think “copied” is the right word. Let’s say that the model “is influenced by” the copyrighted material. That seems hard to argue against. So, now that we aren’t using the word “learned”, why would we say that the way the models are influenced by the copyrighted works that appear in the “training set” (not to imply that “training” in the usual sense is happening) counts as a copyright violation? Or, perhaps the claim is that the outputs of the model are violating copyright? If the output is substantially similar to some particular copyrighted work that is in the “training set”, and could work as a substitute for that work, and if the output resembling the work is in part due to the influence that the work had on the model, I think in this case it would be a clear case of violation of copyright. However, if it doesn’t have substantial similarity to any particular copyrighted work that influenced it, only similarity to the style common to many of the works that influenced it (even if all by the same author), my impression is that this would not constitute copyright infringement because styles are not protected by copyright, only individual works. (Now, is this unjust, in the case of it copying the style of some particular author/artist? Idk, maybe? But my impression is that copyright doesn’t protect styles, and that it probably shouldn’t protect styles in general… so I guess maybe if we had a law making a special case forbidding the (deliberate?) copying of a person’s particular style via some kind of machine learning model? Idk.)
- galaxyLogic 2y agoVery insightful. Consider there are many "recreational imitators" who mimic how specific (famous) people speak. They are not violating copyright, they are just imitating a way of speaking.
- echoangle 2y agoI don’t think this is a good argument because the way of speaking isn’t a copyright issue. I don’t think you have copyright on your specific way of speaking, only on specific recordings of you yourself speaking.
- galaxyLogic 2y agoI think I'm saying the same thing. Style is not something that can be copyrighted but I hadn't much thought about it before. I'm not a lawyer. I guess trademarks are something, and design-patents perhaps that let you have IP over style. :-)
- tsimionescu 2y agoThe argument is that the LLM itself is essentially like a complex lossy archive of its entire training set. It's like an mp3 of all of the songs on Spotify, in some sense (of course, using all text on the internet instead of all songs on Spotify). This is the sense in which it is considered to be a copy of all of this.
- deleted 2y ago[deleted]
- visarga 2y ago> There's nothing special about an LLM, there's no learning The model is 100-500x smaller than its training set. That is something hinting at learning, as direct storage is impossible.
- toast0 2y agoVideo compression ratios vs raw video is amazing too, but there's no learning and there's no doubt that the compressed form is subject to copyright.
- cxr 2y agoNo amount of solidarity from support groups comprising clusters of likeminded folks on internet message boards who're opposed to settled law is a substitute for an act of Congress, which is what it will take to give the position of folks opposed to contemporary GenAI any legs. Neither your comments to HN nor anyone else's strenuous assertions that there's anything to debate are going to change anything. If you want to treat LLMs as a special case—which is what you want, since there is an entire history of jurisprudence that you have to contend with here—then you need to get Congress to write legislation that says so.
- Animats 2y ago> act of Congress More than that, a constitutional amendment. See Feist vs. Rural Telephone. The US does not have database copyright or "sweat of the brow" copyright. There has to be human originality.
- AstralStorm 2y agoSo if you collect things in an undisclosed database without archival rights you probably are violating bajillion copyright claims, right? The AI itself can be construed as a special kind of a database, given that it can be queried to reproduce at least part of its training dataset with precision...
- cxr 2y ago> So if you collect things in an undisclosed database without archival rights you probably are violating bajillion copyright claims, right? No.
- xp84 2y agoDoesn’t it usually have to be queried with a bunch of the training material anyway? It’s a pretty foolish sounding argument that one is being harmed if it boils down to “when I type in the first half of my article into GPT it can sometimes complete a few more paragraphs of it” (That’s what the NYT tried to argue/show. I’m not sure if that case is ongoing or settled.)