OpenAI’s ChatGPT and Sam Altman are in massive trouble. OpenAI is getting sued in the US for illegally using content from the internet to train their LLM or large language models

13 points

if you release data into the public domain (aka, if it’s indexable by a search engine) then copying that data isnt stealing - it cant be, the data was already public in the first place.

this is just some lawyer trying to make a name for themselves

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7 points

Let’s note that a NY Magazine article is copyrighted but publicly available.

If an LLM scrapes that article, then regurgitates pieces of it verbatim in response to prompts, without quoting or parodying, that is clearly a violation of NY Mag’s copyright.

If an LLM merely consumes the content and uses it to infinitesimally improve its ability to guess the next word that fits into a reply to a prompt, without a series of next-words reproducing multiple sentences from the NY Mag article, then that should be perfectly fine.

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0 points

I don’t agree. Purpose and use case should be a factor. For example, my friends take pictures of me and put them on social media to share memories. Those images have since been scraped by companies like Clearview AI providing reverse face search to governments and law enforcement. I did not consent to or agree to that use when my likeness was captured in a casual setting like a birthday party.

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22 points

Not everything indexed by a search engine is public domain that’s not how copyright works.

There’s plenty that actually is in the public domain but I guess scraping the web is a lot easier for these people

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42 points

Just because the data is “public” doesn’t mean it was intended to be used in this manner. Some of the data was even explicitly protected by gpl licensing or similar.

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-7 points

but GPL licensing indicates that “If code was put in the public domain by its developer, it is in the public domain no matter where it has been” - so, likewise for data. if anyone has a case against OpenAI, it’d be whatever platforms they scraped - and ultimately those platforms would open their own, individual lawsuits.

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5 points

That’s not at all how the GPL works…

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5 points

Not a lawyer, but you can argue that if the language model is trained using gpl licensed data, then the language model has to be published under gpl as well.

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14 points

I don’t agree. Purpose and use case should be a factor. For example, my friends take pictures of me and put them on social media to share memories. Those images have since been scraped by companies like Clearview AI providing reverse face search to governments and law enforcement. I did not consent to or agree to that use when my likeness was captured in a casual setting like a birthday party.

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1 point

You know that you are making a photo public when you post it publicly

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0 points

I didn’t post it

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2 points

perhaps - but it could easily be argued that you knew that what you share on the internet was viewable by anyone. are you going to sue Clearview and/or the law enforcement agencies for control over your image that’s in the public domain?

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-1 points

Public Domain

You keep using that word. Maybe you should look up what it means.

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4 points

That’s not how copyright works. You cannot freely monetize on other people’s work. If you publish some artwork I cannot copy it and sell it as my own work.

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2 points

But you can learn from it and create your own new art that may have a similar style as the original

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3 points

A human can, within limits.

But software isn’t human. AI models aren’t “learning”, “practicing” and “developing their own skills”.

Human-made software is copying other peoples work, transforming it, letting a bunch of calculations loose on it, and mass producing similar works as the input.

Using an artists work to train an ai model and making similar stuff with it to make money off of it, is like copying someones work, putting on a mug, and selling that.
It’s not using it as inspiration to improve your own skills.

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3 points
Deleted by creator
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6 points

So anyone who creates something remotely similar to something online is plagiarizing, got it.

Folks, that’s how we all do things - we read stuff, we observe conversations, we look at art, we listen to music, and what we create is a synthesis of our experiences.

Yes, it is possible for AI to plagiarize, but that needs to be evaluated on a case by case basis, just as it is for humans.

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1 point

The lawsuit isn’t about plagiarism; it’s about using content without obtaining permission.

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1 point

Is it stealing to learn how to draw by referencing other artists online? That’s how these training algorithms work.

I agree that we need to keep this technology from widening the wealth gap, but these lawsuits seem to fundamentally misunderstand how training an AI model works.

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4 points

algorithm scraping the web for data doesnt play by the same rules as humans mate

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2 points

And exactly which AI is republishing content unmodified?

We are creating content based on this article, but no one is accusing us of stealing content. AIs creating original content based on their “experience” is only plagiarism (or copyright violation) if it isn’t substantially original.

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2 points

And exactly which AI is republishing content unmodified?

We are creating content based on this article, but no one is accusing us of stealing content. AIs creating original content based on their “experience” is only plagiarism (or copyright violation) if it isn’t substantially original.

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-1 points

AI is not human. It doesn’t learn like a human. It mathematically uses what it’s seen before to statistically find what comes next.

AI isn’t learning, it’s just regurgitating the content it was fed in different ways

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1 point

But is the output original? That’s the real question here. If humans are allowed to learn from information publicly available, why can’t AI?

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-2 points

No, it isn’t original. Output of AI is just reorganized content that it already has seen.

AI doesn’t learn, it doesn’t create derivative works. It’s nothing more than reshuffling what it’s already seen, to the point that it will frequently use phrases pulled directly from training data.

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1 point

So anyone who creates something remotely similar to something online is plagiarizing, got it.

Folks, that’s how we all do things - we read stuff, we observe conversations, we look at art, we listen to music, and what we create is a synthesis of our experiences.

Yes, it is possible for AI to plagiarize, but that needs to be evaluated on a case by case basis, just as it is for humans.

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3 points

I don’t think something is stolen if it’s analyzed and used for something new. It never matters if you came up with an idea, only what you do with that idea.

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15 points

I very much enjoy ChatGPT and I’m excited to see where that technology goes, but lawsuits like this feel so shaky to me. OpenAI used publicly available data to train their AI model. If I wanted to get better at writing, and I went out and read a ton of posted text and articles to learn, would I need to go ask permission from each person who posted that information? What if I used what I learn to make a style similar to how a famous journalist writes, then got a job and made money from the knowledge I gained?

The thing that makes these types of lawsuits have a hard time succeeding is proving that they “Stole” data and used it directly. But my understanding of learning models in language and art is that they learn from it more so then use the material directly. I got access to midjourney last year August, and my first thought was, better enjoy this before it gets sued into uselessness. The problem is, people can sue these companies, but this genie can’t be put back into the bottle. Even if OpenAI get hobbled in what they can do, other companies in other countries will do the same and these law suits will stop nothing.

We’re going to see this technology mature and get baked into literally every aspect of life.

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9 points

Absolutely agree with you. It’s in theory no different to a child learning from what they’re exposed to in the world around them. But I guess the true desire from some would be to get royalty payments every time a brain made use of their “intellectual property” so I don’t think this argument would necessarily convince.

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2 points

I think the more realistic way it would be handled is that the site you published your content on puts in its terms of service that you agree that stuff you put on their site can be used for AI training, and openAI buys the data from them, either via an API key or a data dump or whatever.

But I see merit in not allowing companies to profit off of whatever content already exists without any sort of consent. And I don’t agree with the idea it’s like a child learning… You aren’t raising a child to sell a subscription to their knowledge and profit off of it

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