Those claiming AI training on copyrighted works is "theft" misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they're extracting general patterns and concepts - the "Bob Dylan-ness" or "Hemingway-ness" - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in "vector space". When generating new content, the AI isn't recreating copyrighted works, but producing new expressions inspired by the concepts it's learned.
This is fundamentally different from copying a book or song. It's more like the long-standing artistic tradition of being influenced by others' work. The law has always recognized that ideas themselves can't be owned - only particular expressions of them.
Moreover, there's precedent for this kind of use being considered "transformative" and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it's understandable that creators feel uneasy about this new technology, labeling it "theft" is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn't make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
Ok, ignore this specific company and technology.
In the abstract, if you wanted to make artificial intelligence, how would you do it without using the training data that we humans use to train our own intelligence?
We learn by reading copyrighted material. Do we pay for it? Sometimes. Sometimes a teacher read it a while ago and then just regurgitated basically the same copyrighted information back to us in a slightly changed form.
We are human beings. The comparison is false on it's face because what you all are calling AI isn't in any conceivable way comparable to the complexity and versatility of a human mind, yet you continue to spit this lie out, over and over again, trying to play it up like it's Data from Star Trek.
This model isn't "learning" anything in any way that is even remotely like how humans learn. You are deliberately simplifying the complexity of the human brain to make that comparison.
Moreover, human beings make their own choices, they aren't actual tools.
They pointed a tool at copyrighted works and told it to copy, do some math, and regurgitate it. What the AI "does" is not relevant, what the people that programmed it told it to do with that copyrighted information is what matters.
There is no intelligence here except theirs. There is no intent here except theirs.
I do think the complexity of artificial neural networks is overstated. A real neuron is a lot more complex than an artificial one, and real neurons are not simply feed forward like ANNs (which have to be because they are trained using back-propagation), but instead have their own spontaneous activity (which kinda implies that real neural networks don't learn using stochastic gradient descent with back-propagation). But to say that there's nothing at all comparable between the way humans learn and the way ANNs learn is wrong IMO.
If you read books such as V.S. Ramachandran and Sandra Blakeslee's Phantoms in the Brain or Oliver Sacks' The Man Who Mistook His Wife For a Hat you will see lots of descriptions of patients with anosognosia brought on by brain injury. These are people who, for example, are unable to see but also incapable of recognizing this inability. If you ask them to describe what they see in front of them they will make something up on the spot (in a process called confabulation) and not realize they've done it. They'll tell you what they've made up while believing that they're telling the truth. (Vision is just one example, anosognosia can manifest in many different cognitive domains).
It is V.S Ramachandran's belief that there are two processes that occur in the Brain, a confabulator (or "yes man" so to speak) and an anomaly detector (or "critic"). The yes-man's job is to offer up explanations for sensory input that fit within the existing mental model of the world, whereas the critic's job is to advocate for changing the world-model to fit the sensory input. In patients with anosognosia something has gone wrong in the connection between the critic and the yes man in a particular cognitive domain, and as a result the yes-man is the only one doing any work. Even in a healthy brain you can see the effects of the interplay between these two processes, such as with the placebo effect and in hallucinations brought on by sensory deprivation.
I think ANNs in general and LLMs in particular are similar to the yes-man process, but lack a critic to go along with it.
What implications does that have on copyright law? I don't know. Real neurons in a petri dish have already been trained to play games like DOOM and control the yoke of a simulated airplane. If they were trained instead to somehow draw pictures what would the legal implications of that be?
There's a belief that laws and political systems are derived from some sort of deep philosophical insight, but I think most of the time they're really just whatever works in practice. So, what I'm trying to say is that we can just agree that what OpenAI does is bad and should be illegal without having to come up with a moral imperative that forces us to ban it.
If you fundamentally do not think that artificial intelligences can be created, the onus is on yo uto explain why it's impossible to replicate the circuitry of our brains. Everything in science we've seen this far has shown that we are merely physical beings that can be recreated physically.
Otherwise, I asked you to examine a thought experiment where you are trying to build an artificial intelligence, not necessarily an LLM.
Or you are over complicating yourself to seem more important and special. Definitely no way that most people would be biased towards that, is there?
Oh please do go ahead and show us your proof that free will exists! Thank god you finally solved that one! I heard people were really stressing about it for a while!
"I don't know how this works but it's math and that scares me so I'll minimize it!"
If we have an AI that's equivalent to humanity in capability of learning and creative output/transformation, it would be immoral to just use it as a tool. At least that's how I see it.
I think that's a huge risk, but we've only ever seen a single, very specific type of intelligence, our own / that of animals that are pretty closely related to us.
Movies like Ex Machina and Her do a good job of pointing out that there is nothing that inherently means that an AI will be anything like us, even if they can appear that way or pass at tasks.
It's entirely possible that we could develop an AI that was so specifically trained that it would provide the best script editing notes but be incapable of anything else for instance, including self reflection or feeling loss.
And that's all paid for. Think how much just the average high school graduate has has invested in them, ai companies want all that, but for free
It's not though.
A huge amount of what you learn, someone else paid for, then they taught that knowledge to the next person, and so on. By the time you learned it, it had effectively been pirated and copied by human brains several times before it got to you.
Literally anything you learned from a Reddit comment or a Stack Overflow post for instance.
If only there was a profession that exchanges knowledge for money. Some one who "teaches." I wonder who would pay them
The things is, they can have scads of free stuff that is not copyrighted. But they are greedy and want copyrighted stuff, too
We all should. Copyright is fucking horseshit.
It costs literally nothing to make a digital copy of something. There is ZERO reason to restrict access to things.
You sound like someone who has not tried to make an artistic creation for profit.
You sound like someone unwilling to think about a better system.
Better system for WHOM? Tech-bros that want to steal my content as their own?
I'm a writer, performing artist, designer, and illustrator. I have thought about copyright quite a bit. I have released some of my stuff into the public domain, as well as the Creative Commons. If you want to use my work, you may - according to the licenses that I provide.
I also think copyright law is way out of whack. It should go back to - at most - life of author. This "life of author plus 95 years" is ridiculous. I lament that so much great work is being lost or forgotten because of the oppressive copyright laws - especially in the area of computer software.
But tech-bros that want my work to train their LLMs - they can fuck right off. There are legal thresholds that constitute "fair use" - Is it used for an academic purpose? Is it used for a non-profit use? Is the portion that is being used a small part or the whole thing? LLM software fail all of these tests.
They can slurp up the entirety of Wikipedia, and they do. But they are not satisfied with the free stuff. But they want my artistic creations, too, without asking. And they want to sell something based on my work, making money off of my work, without asking.
A better system for EVERYONE. One where we all have access to all creative works, rather than spending billions on engineers nad lawyers to create walled gardens and DRM and artificial scarcity. What if literally all the money we spent on all of that instead went to artist royalties?
No. It doesn't.
They can literally pass all of those tests.
You are confusing OpenAI keeping their LLM closed source and charging access to it, with LLMs in general. The open source models that Microsoft and Meta publish for instance, pass literally all of the criteria you just stated.
They literally do not pass the criteria. LLMs use the entirety of a copyrighted work for their training, which fails the "amount and substantiality" factor. By their very nature, LLMs would significantly devalue the work of every artist, author, journalist, and publishing organization, on an industry-wide scale, which fails the "Effect upon work's value" factor.
Those two alone would be enough for any sane judge to rule that training LLMs would not qualify as fair use, but then you also have OpenAI and other commercial AI companies offering the use of these models for commercial, for-profit purposes, which also fails the "Purpose and character of the use" factor. You could maybe argue that training LLMs is transformative, but the commercial, widespread nature of this infringement would weigh heavily against that. So that's at least two, and arguably three out of four factors where it falls short.
That factor is relative to what is reproduced, not to what is ingested. A company is allowed to scrape the web all they want as long as they don't republish it.
I would argue that LLMs devalue the author's potential for future work, not the original work they were trained on.
Again, that's the practice of OpenAI, but not inherent to LLMs.
It's honestly absurd to try and argue that they're not transformative.
The work is reproduced in full when it's downloaded to the server used to train the AI model, and the entirety of the reproduced work is used for training. Thus, they are using the entirety of the work.
And that makes it better somehow? Aereo got sued out of existence because their model threatened the retransmission fees that broadcast TV stations were being paid by cable TV subscribers. There wasn't any devaluation of broadcasters' previous performances, the entire harm they presented was in terms of lost revenue in the future. But hey, thanks for agreeing with me?
And again, LLM training so egregiously fails two out of the four factors for judging a fair use claim that it would fail the test entirely. The only difference is that OpenAI is failing it worse than other LLMs.
It's even more absurd to claim something that is transformative automatically qualifies for fair use.
That's objectively false. It's downloaded to the server, but it should never be redistributed to anyone else in full. As a developer for instance, it's illegal for me to copy code I find in a medium article and use it in our software. I'm perfectly allowed to read that Medium article, learn from it, and then right my own similar code.
And Aero should not have lost that suit. That's an example of the US court system abjectly failing.
That's what we're debating, not a given.
Fair point, but it is objectively transformative.
Making a copy is free. Making the original is not. I don't expect a professional photographer to hand out their work for free because making copies of it costs nothing. You're not paying for the copy, you're paying for the money and effort needed to create the original.
Yes, exactly. Do you see how that is different from the world of physical objects and energy? That is not the case for a physical object. Even once you design something and build a factory to produce it, the first item off the line takes the same amount of resources as the last one.
Capitalism is based on the idea that things are scarce. If I have something, you can't have it, and if you want it, then I have to give up my thing, so we end up trading. Information does not work that way. We can freely copy a piece of information as much as we want. Which is why monopolies and capitalism are a bad system of rewarding creators. They inherently cause us to impose scarcity where there is no need for it, because in capitalism things that are abundant do not have value. Capitalism fundamentally fails to function when there is abundance of resources, which is why copyright was a dumb system for the digital age. Rather than recognize that we now live in an age of information abundance, we spend billions of dollars trying to impose artificial scarcity.