That’s a good litmus test. If asking/paying artists to train your AI destroys your business model, maybe you’re the arsehole. ;)
Not only that, but their business model doesn’t hold up if they were required to provide their model weights for free because the material that went into it was “free”.
There’s also an argument that if the business was that reliant on free things to start with, then it shouldn’t be a business.
No-one would bat their eyes if the CEO of a real estate company was sobbing that it’s the end of the rental market, because the company is no longer allowed to get houses for free.
Businesses relying on free things. Logging, mining, ranching, and oil come to mind. Extracting free resources of the land belonging to the public, destroying those public lands and selling those resources back to the public at an exorbitant markup.
even the top phds can learn things off the amount of books that openai could easily purchase, assuming they can convince a judge that if the works aren’t pirated the “learning” is fair use. however, they’re all pirating and then regurgitating the works which wouldn’t really be legal even if a human did it.
also, they can’t really say how they need fair use and open standards and shit and in the next breathe be begging trump to ban chinese models. the cool thing about allowing china to have global influence is that they will start to respect IP more… or the US can just copy their shit until they do.
imo that would have been the play against tik tok etc. just straight up we will not protect the IP of your company (as in technical IP not logo, etc.) until you do the same. even if it never happens, we could at least have a direct tik tok knock off and it could “compete” for american eyes rather than some blanket ban bullshit.
This particular vein of “pro-copyright” thought continuously baffles me. Copyright has not, was not intended to, and does not currently, pay artists.
Its totally valid to hate these AI companies. But its absolutely just industry propaganda to think that copyright was protecting your data on your behalf
Copyright has not, was not intended to, and does not currently, pay artists.
You are correct, copyright is ownership, not income. I own the copyright for all my work (but not work for hire) and what I do with it is my discretion.
What is income, is the content I sell for the price acceptable to the buyer. Copyright (as originally conceived) is my protection so someone doesn’t take my work and use it to undermine my skillset. One of the reasons why penalties for copyright infringement don’t need actual damages and why Facebook (and other AI companies) are starting to sweat bullets and hire lawyers.
That said, as a creative who relied on artistic income and pays other creatives appropriately, modern copyright law is far, far overreaching and in need of major overhaul. Gatekeeping was never the intent of early copyright and can fuck right off; if I paid for it, they don’t get to say no.
modern copyright law is far, far overreaching and in need of major overhaul.
https://rufuspollock.com/papers/optimal_copyright_term.pdf
This research paper from Rufus Pollock in 2009 suggests that the optimal timeframe for copyright is 15 years. I’ve been referencing this for, well, 16 years now, a year longer than the optimum copyright range. If I recall correctly I first saw this referenced by Mike Masnick of techdirt.
Copyright does not give the holder control over every “use”, especially something as vague as “using it to undermine their skillset”.
Copyright gives the rights holder a limited monopoly on three activities: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly.
Not all uses involve making a copy, derivative, or performance.
Gatekeeping absolutely was the intention of copyright, not to provide artists with income.
Copyright has not, was not intended to, and does not currently, pay artists.
Wrong in all points.
Copyright has paid artists (though maybe not enough). Copyright was intended to do that (though maybe not that alone). Copyright does currently pay artists (maybe not in your country, I don’t know that).
Wrong in all points.
No, actually, I’m not at all. In-fact, I’m totally right:
https://www.youtube.com/watch?v=mhBpI13dxkI
Copyright originated create a monopoly to protect printers, not artists, to create a monopoly around a means of distribution.
How many artists do you know? You must know a few. How many of them have received any income through copyright. I dare you, to in good faith, try and identify even one individual you personally know, engaged in creative work, who makes any meaningful amount of money through copyright.
Interesting copyright question: if I own a copy of a book, can I feed it to a local AI installation for personal use?
Can a library train a local AI installation on everything it has and then allow use of that on their library computers? <— this one could breathe new life into libraries
First off, I’m by far no lawyer, but it was covered in a couple classes.
According to law as I know it, question 1 yes if there is no encryption, and question 2 no.
In reality, if you keep it for personal use, artists don’t care. A library however, isn’t personal use and they have to jump through more hoops than a circus especially when it comes to digital media.
But you raise a great point! I’d love to see a law library train AI for in-house use and test the system!
I wonder if there’s some validity to what OpenAI is saying though (but I certainly don’t completely agree with them).
If the US makes it too costly to train AI models, then maybe China will relax any copyright laws so that Chinese AI models can be trained quickly and cheaply. This might result in China developing better AI models than the US.
Maybe the US should require AI companies to pay a large chunk of their profits to copyright holders. So copyright holders would be compensated, but an AI company would only have to pay if they generate profits.
Maybe someone more knowledgeable in this field will tell me I’m totally wrong.
I’m fine with this. “We can’t succeed without breaking the law” isn’t much of an argument.
Do I think the current copyright laws around the world are fine? No, far from it.
But why do they merit an exception to the rules that will make them billions, but the rest of us can be prosecuted in severe and dramatic fashion for much less. Try letting the RIAA know you have a song you’ve downloaded on your PC that you didn’t pay for - tell them it’s for “research and training purposes”, just like AI uses stuff it didn’t pay for - and see what I mean by severe and dramatic.
It should not be one rule for the rich guys to get even richer and the rest of us can eat dirt.
Figure out how to fix the laws in a way that they’re fair for everyone, including figuring out a way to compensate the people whose IP you’ve been stealing.
Until then, deal with the same legal landscape as everyone else. Boo hoo
I also think it’s really rich that at the same time they’re whining about copyright they’re trying to go private. I feel like the ‘Open’ part of OpenAI is the only thing that could possibly begin to offset their rampant theft and even then they’re not nearly open enough.
They are not releasing anything of value in open source recently.
Sam altman said they were on the wrong side of history about this when deepseek released.
They are not open anymore I want that to be clear. They decided to stop releasing open source because 💵💵💵💵💵💵💵💵.
So yeah I can have huge fines for downloading copyrighted material where I live, and they get to make money out of that same material without even releasing anything open source? Fuck no.
But I can’t pirate copyrighted materials to “train” my own real intelligence.
I mean, if they are allowed to go forward then we should be allowed to freely pirate as well.
Fine by me. Can it be over today?