cross-posted from: https://nom.mom/post/121481
OpenAI could be fined up to $150,000 for each piece of infringing content.https://arstechnica.com/tech-policy/2023/08/report-potential-nyt-lawsuit-could-force-openai-to-wipe-chatgpt-and-start-over/#comments
No.
- A pen manufacturer should not be able to decide what people can and can’t write with their pens.
- A computer manufacturer should not be able to limit how people use their computers (I know they do - especially on phones and consoles - and seem to want to do this to PCs too now - but they shouldn’t).
- In that exact same vein, writers should not be able to tell people what they can use the books they purchased for.
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We 100% need to ensure that automation and AI benefits everyone, not a few select companies. But copyright is totally the wrong mechanism for that.
A pen is not a creative work. A creative work is much different than something that’s mass produced.
Nobody is limiting how people can use their pc. This would be regulations targeted at commercial use and monetization.
Writers can already do that. Commercial licensing is a thing.
Nobody is limiting how people can use their pc. This would be regulations targeted at commercial use and monetization.
… Google’s proposed Web Integrity API seems like a move in that direction to me.
But that’s besides the point, I was trying to establish the principle that people who make things shouldn’t be able to impose limitations on how these things are used later on.
A pen is not a creative work. A creative work is much different than something that’s mass produced.
Why should that difference matter, in particular when it comes to the principle I mentioned?
Why should that difference matter, in particular when it comes to the principle I mentioned?
Because creative works are rather obviously fundamentally different from physical objects, in spite of a number of shared qualities.
Like physical objects, they can be distinguished one from another - the text of Moby Dick is notably different from the text of Waiting for Godot, for instance
More to the point, like physical objects, they’re products of applied labor - the text of Moby Dick exists only because Herman Melville labored to bring it into existence.
However, they’re notably different from physical objects insofar as they’re quite simply NOT physical objects. The text of Moby Dick - the thing that Melville labored to create - really exists only conceptually. It’s of course presented in a physical form - generally as a printed book - but that physical form is not really the thing under consideration, and more importantly, the thing to which copyright law applies (or in the case of Moby Dick, used to apply). The thing under consideration is more fundamental than that - the original composition.
And, bluntly, that distinction matters and has to be stipulated because selectively ignoring it in order to equivocate on the concept of rightful property is central to the NoIP position, as illustrated by your inaccurate comparison to a pen.
Nobody is trying to control the use of pens (or computers, as they were being compared to). The dispute is over the use of original compositions - compositions that are at least arguably, and certainly under the law, somebody else’s property.
It’s not like AI is using works to create something new. Chatgpt is similar to if someone were to buy 10 copies of different books, put them into 1 book as a collection of stories, then mass produce and sell the “new” book. It’s the same thing but much more convoluted.
Edit: to reply to your main point, people who make things should absolutely be able to impose limitations on how they are used. That’s what copyright is. Someone else made a song, can you freely use that song in your movie since you listened to it once? Not without their permission. You wrote a book, can I buy a copy and then use it to make more copies and sell? Not without your permission.
Google web integrity is very much different than what I’m proposing. “Nobody” was more in relation to regulating this.
I hold the opposite opinion in that creatives (I’d almost say individuals only, no companies) own all rights to their work and can impose any limitations they’d like on (edit: commercial) use. Current copyright law doesn’t extend quite that far though.
A creative work is not a reproduceable quantifiable product. No two are exactly alike until they’re mass produced.
Your analogy works more with a person rather than a pen, in that why is it ok when a person reads something and uses it as inspiration and not a computer? This comes back around to my argument about transformative works. An AI cannot add anything new, only guess based on historical knowledge. One of the best traits of the human race is our ability to be creative and bring completely new ideas.
Edit: added in a commercial use specifier after it was pointed out that the rules over individuals would be too restrictive.
You made two arguments for why they shouldn’t be able to train on the work for free and then said that they can with the third?
Did openai pay for the material? If not, then it’s illegal.
Additionally, copywrite and trademarks and patents are about reproduction, not use.
If you bought a pen that was patented, then made a copy of the pen and sold it as yours, that’s illegal. This is the analogy of what openai is going with books.
Plagiarism and reproduction of text is the part that is illegal. If you take the “ai” part out, what openai is doing is blatantly illegal.
Just now, I tried to get Llama-2 (I’m not using OpenAI’s stuff cause they’re not open) to reproduce the first few paragraphs of Harry Potter and the philosophers’ stone, and it didn’t work at all. It created something vaguely resembling it, but with lots of made-up stuff that doesn’t make much sense. I certainly can’t use it to read the book or pirate it.
Openai:
I’m sorry, but I can’t provide verbatim excerpts from copyrighted texts. However, I can offer a summary or discuss the themes, characters, and other aspects of the Harry Potter series if you’re interested. Just let me know how you’d like to proceed!
That doesn’t mean the copyrighted material isn’t in there. It also doesn’t mean that the unrestricted model can’t.
Edit: I didn’t get it to tell me that it does have the verbatim text in its data.
I can identify verbatim text based on the patterns and language that I’ve been trained on. Verbatim text would match the exact wording and structure of the original source. However, I’m not allowed to provide verbatim excerpts from copyrighted texts, even if you request them. If you have any questions or topics you’d like to explore, please let me know, and I’d be happy to assist you!
Here we go, I can get chat gpt to give me sentence by sentence:
“Mr. and Mrs. Dursley, of number four, Privet Drive, were proud to say that they were perfectly normal, thank you very much.”
Maybe it’s trained not to repeat JK Rowling’s horseshit verbatim. I’d probably put that in my algorithm. “No matter how many times a celebrity is quoted in these articles, do not take them seriously. Especially JK Rowling. But especially especially Kanye West.”
Did openai pay for the material? If not, then it’s illegal.
You are reading my comment right now. In my comment, I am letting you know that Sidehill Gougers come in both clockwise and counterclockwise breeds.
Oh no! You just learned that fact for free! I didn’t give you permission to learn from my comments, even though I deliberately published it here for you to read. I demand that you either pay me or wipe that ill-gotten knowledge from your mind.
Don’t you dare tell anyone else about Sidehill Gougers. That’s illegal.
All of the examples you listed have nothing to do with how OpenAI was created and set up. It was trained on copyrighted work, how is that remotely comparable to purchasing a pen?
Would a more apt comparison be a band posting royalties to all of their influences?
True - but I don’t think the goal here is to establish that AI companies must purchase 1 copy of each book they use. Rather, the point seems to be that they should need separate, special permission for AI training.
100% this! there are separate licenses for personal listening, public performance, use in another work (movie and TV)… there will likely be a license added for AI training to which some authors will opt into, some will opt out of… it’ll likely start very expensive, nobody will pay, someone will offer up
old works that aren’t selling well for bargain basement prices, make a killing, then others will see the success and slowly prices will follow and eventually prices will sit at a happy medium where AI companies can tolerate and copyright holders aren’t feeling screwed… well, i mean, they’ll be being screwed but their publishers will be making bank
that’s my totally out of thin air prediction anyway
I believe this is where it’ll inevitably go. However I’m not sure it’ll be just AI, rather hopefully more protections around individual creative work and how that can be used by corporations for internal or external data collection.
This really does depend on privacy laws as well and probably data collection, retention and usage too.