Those claiming AI training on copyrighted works is “theft” misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they’re extracting general patterns and concepts - the “Bob Dylan-ness” or “Hemingway-ness” - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in “vector space”. When generating new content, the AI isn’t recreating copyrighted works, but producing new expressions inspired by the concepts it’s learned.
This is fundamentally different from copying a book or song. It’s more like the long-standing artistic tradition of being influenced by others’ work. The law has always recognized that ideas themselves can’t be owned - only particular expressions of them.
Moreover, there’s precedent for this kind of use being considered “transformative” and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it’s understandable that creators feel uneasy about this new technology, labeling it “theft” is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn’t make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
Ai has ideas? That’s a bit of a philosophical stretch.
If ChatGPT was free I might see their point but it’s not so no. If you’re making money from someone’s work you should pay them.
{{labeling it “theft” is both legally and technically inaccurate.}} Well, my understanding is that humans have intelligence, humans teach and learn from previous/other people’s work and make progressive or create new work/idea using their own intelligence. AI/machine doesn’t have intelligence from the start, doesn’t have own intelligence to create/make things. It just copies, remixes, and applies the knowledge, and many personalities and all expressions have been teached. So “theft” is technically accurate.
Generative AI does not work like this. They’re not like humans at all, it will regurgitate whatever input it receives, like how Google can’t stop Gemini from telling people to put glue in their pizza. If it really worked like that, there wouldn’t be these broad and extensive policies within tech companies about using it with company sensitive data like protection compliances. The day that a health insurance company manager says, “sure, you can feed Chat-GPT medical data” is the day I trust genAI.
Fully agree. I understand why there are many technological doomers out there and I think AI may be the most deserving of a critical eye. But the immense benefits of being able to manufacture intelligence is undeniable. That NECESSITATES the AI being able to observe anything and everything in the world that it can. That’s how any known intelligence has ever learned and there’s no scientific basis for an intelligence coming into existence knowing everything about the world without it ever being taught about it.
Now I’ve heard a lot of criticism of AI. Some really legitimate concerns about their place in the future (and ours). As well as the ethics of this important technology originating in the private hands of mega corps that historically have not had our best interest at heart. But the VAST majority of criticism has been about how it’s not useful or is just an avenue for copyright abuse. Which at best, is just completely missing the point. But at worst, is the thinly vailed protests of people made very uncomfortable that the status quo is being upset.
