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Unpopular Opinion
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Instance-wide rules always apply. https://legal.lemmy.world/tos/
Define "public".
Publicly available is not the same as public domain. You should respect the copyright, especially of small creators. I'm of the opinion that an ML model is a derivative work, and so if you've trawled every website under the sun for data to feed your model you've violated copyright.
There are multiple facets here that all kinda get mashed together when people discuss this topic and the publicly available/public domain difference kinda gets at that.
An AI model could be seen as an efficient but lossy compression scheme, especially when it comes to images... And a compressed jpeg of an image is still seen as a copy so why would an AI model trained on reproducing it be different?
It depends on how much you compress the jpeg. If it gets compressed down to 4 pixels, it cannot be seen as infringement. Technically, the word cloud is lossy compression too: it has all of the information of the text, but none of the structure. I think it depends largely on how well you can reconstruct the original from the data. A word cloud, for instance, cannot be used to reconstruct the original. Nor can a compressed jpeg, ofc; that’s the definition of lossy. But most of the information is still there, so a casual observer can quickly glean the gist of the image. There is a line somewhere between finding the average color of a work (compression down to one pixel) and jpeg compression levels.
Is the line where the main idea of the work becomes obscured? Surely not, since a summary hardly infringes on the copyright of a book. I don’t know where this line should be drawn (personally, I feel very Stallman-esque about copyright: IP is not a coherent concept), but if we want to put rules on these things, we need to well-define them, which requires venturing into the domain of information theory (what percentage of the entropy in the original is part of the redistributed work, for example), but I don’t know how realistic that is in the context of law.