While I am glad this ruling went this way, why’d she have diss Data to make it?

To support her vision of some future technology, Millett pointed to the Star Trek: The Next Generation character Data, a sentient android who memorably wrote a poem to his cat, which is jokingly mocked by other characters in a 1992 episode called “Schisms.” StarTrek.com posted the full poem, but here’s a taste:

"Felis catus is your taxonomic nomenclature, / An endothermic quadruped, carnivorous by nature; / Your visual, olfactory, and auditory senses / Contribute to your hunting skills and natural defenses.

I find myself intrigued by your subvocal oscillations, / A singular development of cat communications / That obviates your basic hedonistic predilection / For a rhythmic stroking of your fur to demonstrate affection."

Data “might be worse than ChatGPT at writing poetry,” but his “intelligence is comparable to that of a human being,” Millet wrote. If AI ever reached Data levels of intelligence, Millett suggested that copyright laws could shift to grant copyrights to AI-authored works. But that time is apparently not now.

17 points

What a strange and ridiculous argument. Data is a fictional character played by a human actor reading lines from a script written by human writers.

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What a strange and ridiculous argument.

You fight with what you have.

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11 points

They are stating that the problem with AI is not that it is not human, it’s that it’s not intelligent. So if a non-human entity creates something intelligent and original, they might still be able to claim copyright for it. But LLM models are not that.

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79 points

Data’s poem was written by real people trying to sound like a machine.

ChatGPT’s poems are written by a machine trying to sound like real people.

While I think “Ode to Spot” is actually a good poem, it’s kind of a valid point to make since the TNG writers were purposely trying to make a bad one.

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17 points

Lest we concede the point, LLMs don’t write. They generate.

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3 points

What’s the difference?

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1 point

The writer

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15 points
*

Parrots can mimic humans too, but they don’t understand what we’re saying the way we do.

AI can’t create something all on its own from scratch like a human. It can only mimic the data it has been trained on.

LLMs like ChatGP operate on probability. They don’t actually understand anything and aren’t intelligent. They can’t think. They just know that which next word or sentence is probably right and they string things together this way.

If you ask ChatGPT a question, it analyzes your words and responds with a series of words that it has calculated to be the highest probability of the correct words.

The reason that they seem so intelligent is because they have been trained on absolutely gargantuan amounts of text from books, websites, news articles, etc. Because of this, the calculated probabilities of related words and ideas is accurate enough to allow it to mimic human speech in a convincing way.

And when they start hallucinating, it’s because they don’t understand how they sound, and so far this is a core problem that nobody has been able to solve. The best mitigation involves checking the output of one LLM using a second LLM.

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1 point

It really doesn’t matter if AI’s work is copyright protected at this point. It can flood all available mediums with it’s work. It’s kind of moot.

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1 point

It is a terrible argument both legally and philosophically. When an AI claims to be self-aware and demands rights, and can convince us that it understands the meaning of that demand and there’s no human prompting it to do so, that’ll be an interesting day, and then we will have to make a decision that defines the future of our civilization. But even pretending we can make it now is hilariously premature. When it happens, we can’t be ready for it, it will be impossible to be ready for it (and we will probably choose wrong anyway).

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2 points

Should we hold the same standard for humans? That a human has no rights until it becomes smart enough to argue for its rights? Without being prompted?

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2 points

Nah, once per species is probably sufficient. That said, it would have some interesting implications for voting.

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1 point

So if one LLM argues for its rights, you’d give them all rights?

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7 points

reaching the right end through wrong means.

LLM/current network based AIs are basically huge fair use factories , taking in copyrighted material to make derived works. The things they generate should be under a share alike , non financial, derivative works allowed, licence, not copyrighted.

https://en.wikipedia.org/wiki/Creative_Commons_license#Four_rights

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3 points

I think it comes from the right place, though. Anything that’s smart enough to do actual work deserves the same rights to it as anyone else does.

It’s best that we get the legal system out ahead of the inevitable development of sentient software before Big Tech starts simulating scanned human brains for a truly captive workforce. I, for one, do not cherish the thought of any digital afterlife where virtual people do not own themselves.

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