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A New York Times copyright lawsuit could kill OpenAI
(www.vox.com)
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this post was submitted on 19 Jan 2024
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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.
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.