Some argue that bots should be entitled to ingest any content they see, because people can.
When creating art do you get to make rules about who or what experiences it? Or is that a selfish asshole take?
Paint a picture but only some ppl get to see it. Sing a song but only some get to hear it.
What planet do you live on where those things are true?
Well, that’s the question at hand. Who? Definitely not, people have an innate right to think about what they observe, whether that thing was made by someone else, or not.
What? I’d argue that’s a much different question.
Let’s take an extreme case. Entertainment industry producers tried to write language into the SAG-AFTRA contract that said that, if an extra is hired for a production, they can use that extra’s image – including 3D spatial body scans – in perpetuity, for any purpose, and that privilege of eternal image storage and re-use was included in the price of hiring an extra for 1 day of work.
The producers would make precisely the same argument you are – how dare you tell them how they can use the images that they captured, even if it’s to use and re-use a person’s image and shape in visual media, forever. The actors argue that their physiognomy is part of their brand and copyright, and using their image without their express permission (and, should they require it, compensation) is a violation of their rights.
Or, I could just take pictures of somebody in public places without their consent and feed them into an AI to create pictures of the subject flashing children. They were my pictures, taken by me, and how dare anybody get to make rules about who or what experiences them, right?
The fact is, we have rules about the capture and re-use of created works that have applied to society for a very long time. I don’t think we should give copyright holders eternal locks on their work, but neither is it clear that a 100% free use policy on created work is the right answer. It is reasonable to propose something in between.
What is not a different question. As a creator you don’t get to say what or who can ingest your creation. If you did Google image search wouldn’t exist.
The thing you’re failing to realize is that this isn’t the first time a computer has been used to ingest info. The rules you assert have never been true to this point. Crawlers have been scanning web pages and images since the dawn of the Internet.
You act like this just started happening so now you get to put rules on what gets to look at that image. Too late there’s decades of precedent.
But there are absolutely rules on whether Google – or anything else – can use that search index to create a product that competes with the original content creators.
For example, https://en.wikipedia.org/wiki/Authors_Guild,_Inc._v._Google,_Inc.
Google indexing of copyrighted works was considered “fair use” only because they only offered a few preview pages associated with each work. Google’s web page excerpts and image thumbnails are widely believed to pass fair use under the same concept.
Now, let’s say Google wants to integrate the content of multiple copyrighted works into an AI, and then give away or sell access to that AI which can spit out the content (paraphrased, in some capacity) of any copyrighted work it’s ever seen. You’ll even be able to ask it questions, like “What did Jeff Guin say about David Koresh’s religious beliefs in his 2023 book, Waco?” and in all likelihood it will cough up a summary of Mr. Guinn’s uniquely discovered research and journalism.
I don’t think the legal questions there are settled at all.