4 ms·
Copyright infringement is a tort. “Illegal” is almost always used to refer to breaking of criminal law. This seems like intentionally conflating them to imply
by sneak 9mo ago
Copyright infringement is a tort. “Illegal” is almost always used to refer to breaking of criminal law.
This seems like intentionally conflating them to imply that appropriating code for model training is a criminal offense, when, even in the most anti-AI, pro-IP view, it is plainly not.
- heavyset_go 9mo agohttps://www.justice.gov/archives/jm/criminal-resource-manual-1847-criminal-copyright-infringement-17-usc-506a-and-18-usc-2319 https://www.justice.gov/archives/jm/criminal-resource-manual...
- sneak 9mo ago> There are four essential elements to a charge of criminal copyright infringement. In order to sustain a conviction under section 506(a), the government must demonstrate: (1) that a valid copyright; (2) was infringed by the defendant; (3) willfully; and (4) for purposes of commercial advantage or private financial gain. I think it’s very much an open debate if training a model on publicly available data counts as infringement or not.
- heavyset_go 9mo agoI'm replying to your comment about infringement being a civil tort versus a crime, it can be both.
- topaz0 9mo ago> “Illegal” is almost always used to refer to breaking of criminal law. This is false, at least in general usage. It is very common to hear about civil offenses being referred to as illegal behavior.