In its submission to the Australian government’s review of the regulatory framework around AI, Google said that copyright law should be altered to allow for generative AI systems to scrape the internet.

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3 points

You’re completely wrong, and I’ll tell you why.

None of what you said matters, perception filters, intent, intelligence… it’s all irrelevant to the discussion.

Copyright infringement only gives certain rights, and at least here in Canada using them to generate a model isn’t one of those. Rights are for things like distribution, reproduction, public performance, communication, and exhibition. US law says you can’t “Prepare derivative works based upon the work.” but the model isn’t a derivative work because it’s not really a work at all, you can’t even visually look at the model. You can’t copyright an algorithm in the US or Canada.

Only the created art should be scrutinized for copyright infringement, and these systems can generate both (just like a human can).

Any enforcement should then be handled when that protected work is then used to infringe on the actual rights of the copyright holder.

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1 point
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I wasn’t talking about copyright law in regards to the model itself.

I was talking about what is/isn’t grounds for plagiarism. I strongly disagree with the idea that artists and art bots go through the same process. They don’t and it’s reductive to claim otherwise. It negatively impacts the perception of artists’ work to assert that these models can automate a creative process which might not even involve looking at other artists’ work because humans are able to create on their own.

A person who has never looked upon a single painting in their life can still produce a piece but the same cannot be said for an art bot. A model must be trained on work that you want the model to be able to imitate.

This is why ChatGPT required the internet to do what it does (the privacy violation is another big concern there). The model needed vast quantities of information to be sufficiently trained because language is difficult to decipher. Languages evolved by getting in contact with other languages and organically making new words. ChatGPT will never invent a new word because it’s not intelligent, it is merely imitating intelligence.

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2 points

“A person who has never looked upon a single painting in their life can still produce a piece but the same cannot be said for an art bot. A model must be trained on work that you want the model to be able to imitate.”

No, they really can’t. Go look a 1 year old’s first attempt at “art” because it’s nothing more than random smashing of colour on paper. A computer could easily generate such “work” as well with no training data at all. They’ve seen art at that point, and still can’t replicate it because they need much more training first.

Humans require books (or teachers who read books) to learn how to read and write. That is “vast quantities of information” being consumed to learn how to do it. If you had never seen or heard of a book, you wouldn’t be able to write a novel. It’s also completely ignoring the fact that you had to previously learn the spoken language as well (which is a vast quantity of information that takes a human decades to acquire proficiency in even with daily practice)

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1 point

Once again, being reductive about artists’ work. Jackson Pollock’s entire career was smashing colours on a canvas. If you want to argue that Pollock had to look at thousands of paintings before making his, I honestly can’t take you seriously at that point.

A computer could easily generate such “work” as well with no training data at all.

Yes and in the eyes of its creators, that was deemed a failure which is why Midjourney and Dall-E are the way they are. These bots don’t want to create art, they want to imitate it.

Children have barely any experiences and can still create something. You might not deem it worthy of calling it art but they created something despite their limited knowledge and life experience.

Of course, you’d need books to read and write. The words have to be written and you need to see the words in written form if you also want to write them. But one thing you don’t take into account is handwriting. Another thing that is unique to every individual. Some have worse handwriting than others and with practice (like any muscle) it can be improved but you haven’t had to have seen handwritten text before writing it yourself. You only need to be taught how to hold a pen and you can write.

Novels are complex structures of language just like poetry. In order to write novels, you have to consume novels because it’s well understood that to find your own narrative voice you must see how others express theirs. Stories are told in unique ways and it’s crucial as a writer to understand and break these concepts down. Intention and purpose form a core part of storytelling and an LLM cannot and will not be able to express those things.

They’re written in certain ways because the author intended them to be that way, such as Cormac McCarthy deciding to be very minimalist with his punctuation.
I would love to see you make a point that an LLM without being specifically prompted to do so would make that stylistic decision. An LLM can’t make that decision because unless you specify a style it is aware of, it won’t organically do it.

I am also a writer. I’ve written a short story. One of my stylistic choices is that I don’t use dialogue tags like “said”. An LLM won’t make that choice because it isn’t designed to do so, it won’t decide to minimise its use of dialogue tags to improve the flow of the narrative unless you told it to.

It’s also completely ignoring the fact that you had to previously learn the spoken language as well (which is a vast quantity of information that takes a human decades to acquire proficiency in even with daily practice).

Yes, in order to learn a spoken language you have to have heard it. However, languages evolve over time. You develop regional accents and dialects. All of the UK speaks English but no two towns speak the same way.

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