It’s all made from our data, anyway, so it should be ours to use as we want
But wouldn’t that mean making it open source, then it not functioning properly without the data while open, would prove that it is using a huge amount of unlicensed data?
Probably not “burden of proof in a court of law” prove though.
Making it open source doesn’t change how it works. It doesn’t need the data after it’s been trained. Most of these AIs are just figuring out patterns to look for in the new data it comes across.
So you’re saying the data wouldn’t exist anywhere in the source code, but it would still be able to answer questions based on the data it has previously seen?
That is how LLM works, they don’t store the data as data, but as weight values.
in civil matters, the burden of proof is actually usually just preponderance of evidence and not beyond a reasonable doubt. in other words to win a lawsuit, you only need to have more compelling evidence than the other person.
But you still have to have EVIDENCE. Not derivative evidence. The output of a model could be argued to be hearsay because it’s not direct evidence of originating content, it’s derivative.
You’d have to have somebody backtrack generations of model data to even find snippets of something that defines copyright material, or a human actually saying “Yes, we definitely trained on unlicensed data”.
so like I am not making any comment on anything but the legal system here. but it’s absolutely the case that you can win a lawsuit on purely circumstantial evidence if the defense is unable to produce a compelling alternative set of circumstances which can lead to the same outcome.
