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Suing Writers Seethe at OpenAI's Excuses in Court
(futurism.com)
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this post was submitted on 02 Oct 2023
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Except the AI owner does. It's like sampling music for a remix or integrating that sample into a new work. Yes, you do not need to negotiate with Sarah Silverman if you are handed a book by a friend. However if you use material from that book in a work it needs to be cited. If you create an IP based off that work, Sarah Silverman deserves compensation because you used material from her work.
No different with AI. If the AI used intellectual property from an author in its learning algorithm, than if that intellectual property is used in the AI's output the original author is due compensation under certain circumstances.
Neither citation nor compensation are necessary for fair use, which is what occurs when an original work is used for its concepts but not reproduced.
Sure, but fair use is rather narrowly defined. You must consider the purpose, nature, amount, and effect. In the case of scraping entire bodies of work as training data, the purpose is commercial, the nature is not in the public interest, the amount is the work in its entirety, and the effect is to compete with the original author. It fails to meet any criteria for fair use.
The work is not reproduced in its entirety. Simply using the work in its entirety is not a violation of copyright law, just as reading a book or watching a movie (even if pirated) is not a violation. The reproduction of that work is the violation, and LLMs simply do not store the works in their entirety nor are they capable of reproducing them.
It doesn't have to be reproduced to be a copyright violation, only used. For example, publishing your Harry Potter fanfic would be infringement. You're not reproducing the original material in any way, but you're still heavily depending on it.
Breach of trademark, not copyright, whole different barrel of fish.
It is different. That knowledge from her book forms part of your processing and allows you to extract features and implement similar outputs yourself. The key difference between the AI module and dataset is that it's codified in bits, versus whatever neural links we have in our brain. So if one theoretically creates a way to codify your neural network you might be subject to the same restrictions we're trying to levy on ai. And that's bullshit.