Do they think the hands-off treatment that giant corporations that basically print money get is going to somehow “trickle down” to them, too?

Because last I checked, the guys who ran Jetflicks are facing jail time. Like, potentially longer jail time than most murder sentences.

…but letting OpenAI essentially do the same without consequences will mean Open Source AI people will somehow get the same hands-off treatment? That just reeks of bullshit to me.

I just don’t fucking buy it and letting massive corporations just skirt IP laws while everyone else gets fucked hard by those same IP laws just doesn’t seem like the best hill to die on, yet plenty of people who are anti-copyright/anti-IP laws are dying on this fucking hill.

What gives?


I am personally of the opinion that current IP/copyright laws are draconian, but that IP/copyright isn’t inherently a bad thing. I just know, based on previous history in the US, that letting the Big Guys skirt laws almost never leads to Little Guys getting similar treatment.


Also, I hope this is an okay place for this rant. Thanks for keeping this space awesome. Please remove if this is inappropriate for this forum, please and thank you.

23 points

Copyright law is full of ambiguities and gray areas, some intentional and some unintentional. The concept of “fair use” is an example of an intentional gray area, since the idea is that society as a whole will benefit from allowing people to skirt copyright law in certain circumstances, and lawmakers can’t possibly hope to enumerate every such circumstance. It then falls on courts to determine if a given circumstance falls under “fair use”. The problem is courts move very slowly when faced with a new circumstance that hasn’t been litigated before, and that’s what’s happening with AI companies training AI on copyrighted works. Once decisions have been made and stare decisis is established, then they’ll move faster. The NY Times vs OpenAI is the case to watch IMO, since that’s the biggest one challenging the idea that training AI is fair use.

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8 points
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Excellent comment.

Do you know if the lawsuit that involved Sarah Silverman is going? Because I originally thought that one would have more legs, but maybe because the companies using the books3 corpus all dropped use of them, the case was dropped? I’m honestly unsure.

It’s just that the fact that any of them used books3 to begin with should say everything. Everyone knew books3 was the entirety of private torrent tracker Bibliotik. It was not hidden. Bibliotik isn’t just regular old ebook piracy either, they distribute the tools to remove DRM from ebooks. So they’re using a corpus literally made from pirated ebooks that have potentially had their DRM stripped. I just seemed like a big, easy admission that they were more than happy to use unscrupulous methods to profit.

As someone who was booted off of Bibliotik because it’s damn impossible to keep ratio there, it’s mind boggling to me that it wasn’t a bigger deal how widely used books3 was.

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7 points

I haven’t followed the Sarah Silverman case, but I think it’s likely that’ll end in a settlement. NYTimes is less likely to settle, since they seem to be trying to set a precedent, and they’ve got the resources to do that.

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13 points

It’s just the consistency of the ideology I assume. “Information should be free” applies to blood sucking corporations as well as to private individuals

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9 points

Mike Masnick seems to have an unfortunate lack of self-awareness as to why the Heritage Foundation keep inviting him onto their podcasts

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1 point

No idea who he is lol

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4 points

He’s been writing about copyright etc at Techdirt since basically forever.

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28 points

I really want to see someone use the lack of any AI accountability as an active defense in a copyright trial for piracy. Force the court to compare the “theft” of a digital item like a book or movie that is used a few times probably, to copying something that is then effectively used internally every time the AI generates something.

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10 points

I have not followed any current debate, so this is just my own thoughts. I expect any battle between Disney and Microsoft to end with a deal where consumers and independent producers are worse off.

Similar to how YouTube often hands out copyright strikes for musicians uploading their own music, in a possible future you might need an AI license to upload any work to any platform of size. I mean, you don’t technically have to, it is just that that the AI driven filter will otherwise strike you faster than Tumblr hiding images of trans women. Oh, and when you fold and get the AI license, you notice that it includes signing away your rights to not have your uploaded work be part of the AI training materials.

Maybe I am just jaded. But until AI crashes and burns the in my opinion most likely outcome of legal proceedings is splitting the loot in proportion to the power of the interested parties. On the other hand I don’t expect anything good to come out of letting AI companies run wild. So I dearly hope they destroy each other, but I expect them to embrace.

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7 points

Not my fight either way tbh

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