this post was submitted on 06 Sep 2024
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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

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[–] [email protected] 35 points 4 months ago (8 children)

As others have said, it isn't inspired always, sometimes it literally just copies stuff.

This feels like it was written by someone who invested their money in AI companies because they're worried about their stocks

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[–] [email protected] 17 points 4 months ago (9 children)

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".

Citation needed. I’m pretty sure LLMs have exactly reproduced copyrighted passages. And considering it can created detailed summaries of copyrighted texts, it obviously has to save more than “abstract representations.”

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[–] [email protected] 53 points 4 months ago* (last edited 4 months ago) (8 children)

This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages.

Like fuck it is. An LLM "learns" by memorization and by breaking down training data into their component tokens, then calculating the weight between these tokens. This allows it to produce an output that resembles (but may or may not perfectly replicate) its training dataset, but produces no actual understanding or meaning--in other words, there's no actual intelligence, just really, really fancy fuzzy math.

Meanwhile, a human learns by memorizing training data, but also by parsing the underlying meaning and breaking it down into the underlying concepts, and then by applying and testing those concepts, and mastering them through practice and repetition. Where an LLM would learn "2+2 = 4" by ingesting tens or hundreds of thousands of instances of the string "2+2 = 4" and calculating a strong relationship between the tokens "2+2," "=," and "4," a human child would learn 2+2 = 4 by being given two apple slices, putting them down to another pair of apple slices, and counting the total number of apple slices to see that they now have 4 slices. (And then being given a treat of delicious apple slices.)

Similarly, a human learns to draw by starting with basic shapes, then moving on to anatomy, studying light and shadow, shading, and color theory, all the while applying each new concept to their work, and developing muscle memory to allow them to more easily draw the lines and shapes that they combine to form a whole picture. A human may learn off other peoples' drawings during the process, but at most they may process a few thousand images. Meanwhile, an LLM learns to "draw" by ingesting millions of images--without obtaining the permission of the person or organization that created those images--and then breaking those images down to their component tokens, and calculating weights between those tokens. There's about as much similarity between how an LLM "learns" compared to human learning as there is between my cat and my refrigerator.

And YET FUCKING AGAIN, here's the fucking Google Books argument. To repeat: Google Books used a minimal portion of the copyrighted works, and was not building a service to compete with book publishers. Generative AI is using the ENTIRE COPYRIGHTED WORK for its training set, and is building a service TO DIRECTLY COMPETE WITH THE ORGANIZATIONS WHOSE WORKS THEY ARE USING. They have zero fucking relevance to one another as far as claims of fair use. I am sick and fucking tired of hearing about Google Books.

EDIT: I want to make another point: I've commissioned artists for work multiple times, featuring characters that I designed myself. And pretty much every time I have, the art they make for me comes with multiple restrictions: for example, they grant me a license to post it on my own art gallery, and they grant me permission to use portions of the art for non-commercial uses (e.g. cropping a portion out to use as a profile pic or avatar). But they all explicitly forbid me from using the work I commissioned for commercial purposes--in other words, I cannot slap the art I commissioned on a T-shirt and sell it at a convention, or make a mug out of it. If I did so, that artist would be well within their rights to sue the crap out of me, and artists charge several times as much to grant a license for commercial use.

In other words, there is already well-established precedent that even if something is publicly available on the Internet and free to download, there are acceptable and unacceptable use cases, and it's broadly accepted that using other peoples' work for commercial use without compensating them is not permitted, even if I directly paid someone to create that work myself.

[–] [email protected] 8 points 4 months ago

But they all explicitly forbid me from using the work I commissioned for commercial purposes

I fear the courts will side with the tech companies on this as regardless of how illegal or immoral a certain act is, if you do it on a large enough scale it becomes "okay" again in the eyes of the system. Genocide, large scale fraud, negligent financial actions, pollution/poisoning, etc. You dump toxic chemicals into one person's cup and you get the book thrown at you. You dump toxic chemicals into an entire city's water supply and you pay a paltry fine that is never enough to seriously damage the company because that's bad for the economy.

[–] [email protected] 5 points 4 months ago* (last edited 4 months ago) (2 children)

If you put a gazillion monkeys on a typewriter they can write Shakespeare.

If you train one ai for a ton of epochs it can write Shakespeare.

All pure mathematical coincidence.

[–] [email protected] 4 points 4 months ago

It was the best of times, it was the BLURST OF TIMES! Stupid monkey!

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[–] [email protected] 8 points 4 months ago (1 children)

Let's engage in a little fantasy. Someone invents a magic machine that is able to duplicate apartments, condos, houses, ... You want to live in New York? You can copy yourself a penthouse overlooking the Central Park for just a few cents. It's magic. You don't need space. It's all in a pocket dimension like the Tardis or whatever. Awesome, right? Of course, not everyone would like that. The owner of that penthouse, for one. Their multi-million dollar investment is suddenly almost worthless. They would certainly demand that you must not copy their property without consent. And so would a lot of people. And what about the poor construction workers, ask the owners of constructions companies? And who will pay to have any new house built?

So in this fantasy story, the government goes and bans the magic copy machine. Taxes are raised to create a big new police bureau to monitor the country and to make sure that no one use such a machine without a license.

That's turned from magical wish fulfillment into a dystopian story. A society that rejects living in a rent-free wonderland but instead chooses to make itself poor. People work to ensure poverty, not to create wealth.

You get that I'm talking about data, information, knowledge. The first magic machine was the printing press. Now we have computers and the Internet.

I'm not talking about a utopian vision here. Facts, scientific theories, mathematical theorems, ... All such is free for all. Inventors can get patents, but only for 20 years and only if they publish them. They can keep their invention secret and take their chances. But if they want a government enforced monopoly, they must publish their inventions so that others may learn from it.

In the US, that's how the Constitution demands it. The copyright clause: [The United States Congress shall have power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

Cutting down on Fair Use makes everyone poorer and only a very few, very rich people richer. Have you ever thought about where the money goes if AI training requires a license?

For example, to Reddit, because Reddit has rights to all those posts. So do Facebook and Xitter. Of course, there's also old money, like the NYT or Getty. The NYT has the rights to all their old issue about a century back. If AI training requires a license, they can sell all their old newspapers again. That's pure profit. Do you think they will their employees raises out of the pure goodness of their heart if they win their lawsuits? They have no legal or economics reason to do so. The belief that this would happen is trickle-down economics.

[–] [email protected] 3 points 4 months ago* (last edited 4 months ago) (3 children)

Thanks for a comment like this. It's interesting how everyone steps in to endorse piracy (unauthorized copying of copyrighted works), yet when a business does it for AI purposes everyone freaks out.

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[–] [email protected] 20 points 4 months ago (3 children)

I don't think LLMs should be taken down, it would be impossible for that to happen. I do, however think it should be forced into open source.

[–] [email protected] 11 points 4 months ago

Yes. I'd also add that current copyright laws are archaic and counterproductive when combined with modern technology.

Creators need protection, but only for 15 years. Not death + 70 years.

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[–] [email protected] 27 points 4 months ago (2 children)

"This process is akin to how humans learn... The AI discards the original text, keeping only abstract representations..."

Now I sail the high seas myself, but I don't think Paramount Studios would buy anyone's defence they were only pirating their movies so they can learn the general content so they can produce their own knockoff.

Yes artists learn and inspire each other, but more often than not I'd imagine they consumed that art in an ethical way.

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[–] [email protected] 3 points 4 months ago

Why wouldn't they charge their so many corporate customers more? They supposedly are providing their services to US government and military, just charge them extra and pay the publishers.

They intentionally keep their prices lower to out-compete other companies and then complain about it. If they put their actual cost to their customers, you would realize how quickly they will lose the market because open source models would out compete them

[–] [email protected] 26 points 4 months ago

This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages.

Machine learning algorithms are not people and are not ingesting these works the same way a person does. This argument is brought up all the time and just doesn't ring true. You're defending the unethical use of copyrighted works by a giant corporation with a metaphor that doesn't have any bearing on reality; in an age where artists are already shamefully undervalued. Creating art is a human process with the express intent of it being enjoyed by other humans. Having an algorithm do it is removing the most important part of art; the humanity.

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