OpenAI Says It’s "Over" If It Can’t Steal All Your Copyrighted Work
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This has been the legal basis of all AI training sets since they began collecting datasets. The US copyright office heard these arguments in 2023: https://www.copyright.gov/ai/listening-sessions.html
MR. LEVEY: Hi there. I'm Curt Levey, President of the Committee for Justice. We're a nonprofit that focuses on a variety of legal and policy issues, including intellectual property, AI, tech policy. There certainly are a number of very interesting questions about AI and copyright. I'd like to focus on one of them, which is the intersection of AI and copyright infringement, which some of the other panelists have already alluded to.
That issue is at the forefront given recent high-profile lawsuits claiming that generative AI, such as DALL-E 2 or Stable Diffusion, are infringing by training their AI models on a set of copyrighted images, such as those owned by Getty Images, one of the plaintiffs in these suits. And I must admit there's some tension in what I think about the issue at the heart of these lawsuits. I and the Committee for Justice favor strong protection for creatives because that's the best way to encourage creativity and innovation.
But, at the same time, I was an AI scientist long ago in the 1990s before I was an attorney, and I have a lot of experience in how AI, that is, the neural networks at the heart of AI, learn from very large numbers of examples, and at a deep level, it's analogous to how human creators learn from a lifetime of examples. And we don't call that infringement when a human does it, so it's hard for me to conclude that it's infringement when done by AI.
Now some might say, why should we analogize to humans? And I would say, for one, we should be intellectually consistent about how we analyze copyright. And number two, I think it's better to borrow from precedents we know that assumed human authorship than to invent the wheel over again for AI. And, look, neither human nor machine learning depends on retaining specific examples that they learn from.
So the lawsuits that I'm alluding to argue that infringement springs from temporary copies made during learning. And I think my number one takeaway would be, like it or not, a distinction between man and machine based on temporary storage will ultimately fail maybe not now but in the near future. Not only are there relatively weak legal arguments in terms of temporary copies, the precedent on that, more importantly, temporary storage of training examples is the easiest way to train an AI model, but it's not fundamentally required and it's not fundamentally different from what humans do, and I'll get into that more later if time permits.
The "temporary copy" idea is pretty central for visual models like Midjourney or DALL-E, whose training sets are full of copyrighted works lol. There is a legal basis for temporary copies too:
The "Ephemeral Copy" Exception (17 U.S.C. § 112 & § 117)
U.S. copyright law recognizes temporary, incidental, and transitory copies as necessary for technological processes. Section 117 allows temporary copies for software operation. Section 112 permits temporary copies for broadcasting and streaming. -
Okay, I can work with this. Hey Altman you can train on anything that's public domain, now go take those fuck ton of billions and fight the copyright laws to make public domain make sense again.
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counterpoint: what if we just make an exception for tech companies and double fuck consumers?
Counter counterpoint: I don't know, I think making an exception for tech companies probably gives a minor advantage to consumers at least.
You can still go to copilot and ask it for some pretty fucking off the wall python and bash, it'll save you a good 20 minutes of writing something and it'll already be documented and generally best practice.
Sure the tech companies are the one walking away with billions of dollars and it presumably hurts the content creators and copyright holders.
The problem is, feeding AI is not significantly different than feeding Google back in the day. You remember back when you could see cached versions of web pages. And hell their book scanning initiative to this day is super fucking useful.
If you look at how we teach and train artists. And then how those artists do their work. All digital art and most painting these days has reference art all over the place. AI is taking random noise and slowly making things look more like the reference art that's not wholly different than what people are doing.
We're training AI on every book that people can get their hands on, But that's how we train people too.
I say that training an AI is not that different than training people, and the entire content of all the copyright they look at in their lives doesn't get a chunk of the money when they write a book or paint something that looks like the style of Van Gogh. They're even allowed to generate content for private companies or for sale.
What is different, is that the AI is very good at this and has machine levels of retention and abilities. And companies are poised to get rich off of the computational work. So I'm actually perfectly down with AI's being trained on copyrighted materials as long as they can't recite it directly and in whole, But I feel the models that are created using these techniques should also be in the public domain.
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Copyright law doesn't cover recipes.
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Actually I would just make the guard rails such that if the input can’t be copyrighted then the ai output can’t be copyrighted either. Making anything it touches public domain would reel in the corporations enthusiasm for its replacing humans.
I think they would still try to go for it but yeah that option sounds good to me tbh
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Stealing means the initial item is no longer there
If someone is profiting off someone elses work, i would argue its stealing
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Counter counterpoint: I don't know, I think making an exception for tech companies probably gives a minor advantage to consumers at least.
You can still go to copilot and ask it for some pretty fucking off the wall python and bash, it'll save you a good 20 minutes of writing something and it'll already be documented and generally best practice.
Sure the tech companies are the one walking away with billions of dollars and it presumably hurts the content creators and copyright holders.
The problem is, feeding AI is not significantly different than feeding Google back in the day. You remember back when you could see cached versions of web pages. And hell their book scanning initiative to this day is super fucking useful.
If you look at how we teach and train artists. And then how those artists do their work. All digital art and most painting these days has reference art all over the place. AI is taking random noise and slowly making things look more like the reference art that's not wholly different than what people are doing.
We're training AI on every book that people can get their hands on, But that's how we train people too.
I say that training an AI is not that different than training people, and the entire content of all the copyright they look at in their lives doesn't get a chunk of the money when they write a book or paint something that looks like the style of Van Gogh. They're even allowed to generate content for private companies or for sale.
What is different, is that the AI is very good at this and has machine levels of retention and abilities. And companies are poised to get rich off of the computational work. So I'm actually perfectly down with AI's being trained on copyrighted materials as long as they can't recite it directly and in whole, But I feel the models that are created using these techniques should also be in the public domain.
giving an exception to tech companies gives an advantage to consumers
No. shut the fuck up. these companies are anti human and only exist to threaten labor and run out the clock on climate change so we all die without a revolution and the billionaires flee to the bunkers they're convinced will save them (they won't, closed systems are doomed)
good for writing code
so, I have tried to use it for that. nothing I have ever asked it for was remotely fit for purpose, often referring to things like libraries that straight up do not exist.
AI
HOLY SHIT WE HAVE AI NOW!? WHEN DID THIS HAPPEN!? can I talk to it? or do you just mean large language models?
there's some benefit in these things regurgitating art
tell me you don't understand a single thing about how these models work, and don't understand a single thing about the value meaning or utility of art, without saying "I don't understand a single thing about how these models work, and don't understand a single thing about the value meaning or utility of art.".
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Oh no...
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Getting really tired of these fucking CEOs calling their failing businesses "threats to national security" so big daddy government will come and float them again. Doubly ironic its coming from a company whos actually destroying the fucking planet while it achieves fuck-all.
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Fuck Sam Altmann, the fartsniffer who convinced himself & a few other dumb people that his company really has the leverage to make such demands.
It seems like their message was written specifically for the biases the current administration holds. Calling China PRC is an obvious example. So it was written by idiots for idiots apparently.
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Let them. Copyright is bullshit. What's the issue. He's right
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That's fair, but OpenAI isn't fighting to reform copyright law for everyone. OpenAI wants you to be subject to the same restrictions you currently face, and them to be exempt. This isn't really a "lesser of two evils" situation.
Is anyone trying to make stronger copyright laws? Wouldn't be rich people that control media would it?
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Seems like just yesterday Metallica was suing people for enjoying copyrighted materials
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Piracy is not theft.
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Good, go away.
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Sorry, wasn’t trying to be a dick. Just couldn’t think of it at the time.
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