A New York Times copyright lawsuit could kill OpenAI::A list of authors and entertainers are also suing the tech company for damages that could total in the billions.

69 points

I always say this when this comes up because I really believe it’s the right solution - any generative AI built with unlicensed and/or public works should then be free for the public to use.

If they want to charge for access that’s fine but they should have to go about securing legal rights first. If that’s impossible, they should worry about profits some other way like maybe add-ons such as internet connected AI and so forth.

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11 points

There’s plenty of money to be made providing infrastructure. Lots of companies make a ton of money providing infrastructure for open source projects.

On another note, why is open AI even called “open”?

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4 points

On another note, why is open AI even called “open”?

It’s because of the implication…

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9 points

Not really how it works these days. Look at Uber and Lime/Bird scooters. They basically would just show up to a city and say the hell with the law we are starting our business here. We just call it disruptive technology

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6 points

Unfortunately true, and the long arm of the law, at least in the business world, isn’t really that long. Would love to see some monopoly busting to scare a few of these big companies into shape.

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6 points

A very compelling solution! Allows a model of free use while providing an avenue for business to spend time developing it

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3 points

Nice idea but how do you propose they pay for the billions of dollars it costs to train and then run said model?

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5 points

Then don’t do it. Simple as that.

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1 point

This is why we can’t have nice things

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3 points
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Defending scamming as a business model is not a business model.

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1 point

That goes against the fundamental idea of something being unlicensed, meaning there are no repercussions from using the content.

I think what you mean already exists: open source licenses. Some open source licenses stipulate that the material is free, can be modified, etc. and you can do whatever you want with it, but only on the condition that whatever you create is under the same open source license.

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1 point

Ugh I see what you mean - no I mean unlicensed as in ‘they didn’t bother to license copyrighted works’ and public as in ‘stuff they scraped from Reddit, Twitter, and etc. without permission from anyone’.

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1 point

Ah gotcha.

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1 point

What is unlicensed work? Copyrighted content will not have a licence agreement but this doesn’t mean you can freely infringe on copyright law.

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2 points

By unlicensed I mean works that haven’t been licensed IE anything being used without permission or some other right

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2 points

Stuff lile public domain books, I guess, like alice in wonderland, and cc0 content

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1 point

Right: public works are content in the public domain where the copyright has expired and Creative Commons licenced content is, well, licenced.

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-1 points

Would you, after devoting full years of your adult life to the unpaid work of learning the requisite advanced math and computer science needed to develop such a model, like to spend years more of your life to develop a generative AI model without compensation? Within the US, it is legal to use public text for commercial purposes without any need to obtain a permit. Developers of such models deserve to be paid, just like any other workers, and that doesn’t happen unless either we make AI a utility (or something similar) and funnel tax dollars into it or the company charges for the product so it can pay its employees.

I wholeheartedly agree that AI shouldn’t be trained on copyrighted, private, or any other works outside of the public domain. I think that OpenAI’s use of nonpublic material was illegal and unethical, and that they should be legally obligated to scrap their entire model and train another one from legal material. But developers deserve to be paid for their labor and time, and that requires the company that employs them to make money somehow.

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4 points

Would you, after devoting full years of your adult life to the unpaid work of learning the requisite advanced math and computer science needed to develop such a model, like to spend years more of your life to develop a generative AI model without compensation?

No. I wouldn’t want to write a kernel from scratch for free either. But Linus Torvalds did. He even found a way to monetize it without breaking any laws.

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1 point

then openai should close its doors

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-5 points

Also anything produced with solar power should be free.

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4 points

Yes, good point, resource collection is nearly identical to content generation

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62 points
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I doubt it. It would likely kill any non Giant tech backed AI companies though

Microsoft has armies of lawyers and cash to pay. It would make life a lot harder, but they’d survive

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36 points

If OpenAI owns a Copyright on the output of their LLMs, then I side with the NYT.

If the output is public domain–that is you or I could use it commercially without OpenAI’s permission–then I side with OpenAI.

Sort of like how a spell checker works. The dictionary is Copyrighted, the spell check software is Copyrighted, but using it on your document doesn’t grant the spell check vendor any Copyright over it.

I think this strikes a reasonable balance between creators’ IP rights, AI companies’ interest in expansion, and the public interest in having these tools at our disposal. So, in my scheme, either creators get a royalty, or the LLM company doesn’t get to Copyright the outputs. I could even see different AI companies going down different paths and offering different kinds of service based on that distinction.

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12 points

I want people to take my code if they share their changes (gpl). Taking and not giving back is just free labor.

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5 points

I think it currently resides with the one doing the generation and not openAI itself. Officially it is a bit unclear.

Hopefully, all gens become copyleft just for the fact that ais tend to repeat themselves. Specific faces will pop up quite often in image gen for example.

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1 point

If LLMs like ChatGPT are allowed to produce non-copyrighted work after being trained on copyrighted work, you can effectively use them to launder copyright, which would be equivalent to abolishing it at the limit.

A much more elegant and equitable solution would be to just abolish copyright outright. It’s the natural direction of a country that chooses to invest in LLMs anyways.

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24 points
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The NYT has a market cap of about $8B. MSFT has a market cap of about $3T. MSFT could take a controlling interest in the Times for the change it finds in the couch cushions. I’m betting a good chunk of the c-suites of the interested parties have higher personal net worths than the NYT has in market cap.

I have mixed feelings about how generative models are built and used. I have mixed feelings about IP laws. I think there needs to be a distinction between academic research and for-profit applications. I don’t know how to bring the laws into alignment on all of those things.

But I do know that the interested parties who are developing generative models for commercial use, in addition to making their models available for academics and non-commercial applications, could well afford to properly compensate companies for their training data.

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19 points

The danger of the rich and evil simply buying out their critics is a genuine risk. After all, it’s what happened to Gawker when Peter Thiel decided he personally didn’t like them, neutering their entire network.

Regarding OpenAI the corporation, they pulled an incredibly successful bait and switch, pretending first to gather data for educational purposes, and then switching to being a for-profit as soon as it benefited them. In a better world or even a slightly more functional American democracy, their continued existence would be deemed inexcusable.

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7 points

Or Musk when he decided he didn’t like what people were saying on Twitter.

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4 points

I completely agree. I don’t want them to buy out the NYT, and I would rather move back to the laws that prevented over-consolidation of the media. I think that Sinclair and the consolidated talk radio networks represent a very real source of danger to democracy. I think we should legally restrict the number of markets a particular broadcast company can be in, and I also believe that we can and should come up with an argument that’s the equivalent of the Fairness Doctrine that doesn’t rest on something as physical and mundane as the public airwaves.

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20 points

Oh no, how terrible. What ever will we do without Shenanigans Inc. 🙄

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