Our path to better working conditions lies through organizing and striking, not through helping our bosses sue other giant mulitnational corporations for the right to bleed us out.
I’m no lawyer, I don’t even play one on TV, so upfront apologies if I’m hanging my ass out.
That said, it sounds to me like Doctorow might have a point here. Suppose Universal et al. gets a precedent-setting ruling and slays OpenAI. LOL, LMAO even, but then what? What’s to keep the current entertainment cartels from making deals with Microsoft or the husks of the AI companies to rev up their own (now) fully legal and licensed bullshit engines? The only winning legal play is Giant Asteroid.
He says some pretty ignorant stuff in this post that undercuts his argument, though:
Here’s the problem: establishing that AI training requires a copyright license will not stop AI from being used to erode the wages and working conditions of creative workers. The companies suing over AI training are also notorious exploiters of creative workers, union-busters and wage-stealers. They don’t want to get rid of generative AI, they just want to get paid for the content used to create it. Their use-case for gen AI is the same as Openai’s CTO’s use-case: get rid of creative jobs and pay less for creative labor.
This isn’t hypothetical. Remember last summer’s actor strike? The sticking point was that the studios wanted to pay actors a single fee to scan their bodies and faces, and then use those scans instead of hiring those actors, forever, without ever paying them again. Does it matter to an actor whether the AI that replaces you at Warner, Sony, Universal, Disney or Paramount (yes, three of the Big Five studios are also the Big Three labels!) was made by Openai without paying the studios for the training material, or whether Openai paid a license fee that the studios kept?
The writers’ and actors’ strikes, in an overwhelmingly unionized workforce, did not say “hey, we as a labor force want a cut of the dirty GPT lucre”. Instead, they said not today, satan to studios working with GenAI at all. And won. Those writers and actors, who are overwhelmingly huge supporters of copyright and moral rights, defeated the rich assholes at the Big Five not by throwing up their hands and giving all their creative output to the glurge machine, but by unionizing and painful, hard-won solidarity.
Whether SAG-AFTRA and the AFM (or non US equivalents) can organize as effectively for musicians and lyricists is unclear. But Cory, who claims to be a leftist, is defaulting to “you as a musician should work for free” and not “you as a musician should organize to counter the power of capital”, and that’s about as leftist as Grimes posing with The Communist Manifesto.
Suppose Universal et al. gets a precedent-setting ruling and slays OpenAI. LOL, LMAO even, but then what? What’s to keep the current entertainment cartels from making deals with Microsoft or the husks of the AI companies to rev up their own (now) fully legal and licensed bullshit engines?
I think it remains to be seen if you can train a base model without something as big as common crawl. A precedent that Universal needs to give you permission could also be a precedent that everyone must give you permission for you to scrape them.
The point is that these big companies have enough money to get permission from whoever they want, so we’ll still end up with proprietary models destroying industries, but only the big corpos will be able to use this tech effectively and everyone else will have to beg. A future like the 70s where the only OS’ and programming languages were proprietary, or the 90s where all the DBs were proprietary. A paradigm where a powerful tech (good or not) is only available to the rich or for rent, is never a good one.
Yeah but this presumes “the best way to beat 'em is to join 'em,” right? Like, when all the operating systems or databases are proprietary, that’s bad because those things are really useful and help you do things better and faster than you would otherwise.
But this argument applied here is like, oh no, what if large entertainment companies start making all their movies out of AI garbage, and everyone else can’t do that because they can’t get the content licensed? Well… what if they do? Does that mean they’re going to be making stuff that’s better? Wouldn’t the best way to compete with that be not to use the technology because you’ll get a higher-quality product? Or are we just giving up on the idea of producing good art at all and conceding that yes we actually only value cheapness and quantity?
Also, just on a personal level, for me as a J. Random Person who uploads creative work to the internet (some of which is in common crawl), but who doesn’t work for a major entertainment corporation that has rights to my work, I would really prefer to have a way to say “sorry no, you can’t use my stuff for this.” I don’t really find “well you see, we need to be able to compete with large entertainment companies in spam content generation, so we need to be able to use your uncompensated labor for our benefit without your permission and without crediting you” particularly compelling.
