this post was submitted on 06 Sep 2024
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Those claiming AI training on copyrighted works is "theft" misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they're extracting general patterns and concepts - the "Bob Dylan-ness" or "Hemingway-ness" - not copying specific text or images.

This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in "vector space". When generating new content, the AI isn't recreating copyrighted works, but producing new expressions inspired by the concepts it's learned.

This is fundamentally different from copying a book or song. It's more like the long-standing artistic tradition of being influenced by others' work. The law has always recognized that ideas themselves can't be owned - only particular expressions of them.

Moreover, there's precedent for this kind of use being considered "transformative" and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.

While it's understandable that creators feel uneasy about this new technology, labeling it "theft" is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn't make the current use of copyrighted works for AI training illegal or unethical.

For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744

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[–] [email protected] -1 points 2 months ago (3 children)

I mean, you're not necessarily wrong. But that doesn't change the fact that it's still stealing, which was my point. Just because laws haven't caught up to it yet doesn't make it any less of a shitty thing to do.

[–] [email protected] 3 points 2 months ago (1 children)

When I analyze a melody I play on a piano, I see that it reflects the music I heard that day or sometimes, even music I heard and liked years ago.

Having parts similar or a part that is (coincidentally) identical to a part from another song is not stealing and does not infringe upon any law.

[–] [email protected] 2 points 2 months ago

You guys are missing a fundamental point. The copyright was created to protect an author for specific amount of time so somebody else doesn't profit from their work essentially stealing their deserved revenue.

LLM AI was created to do exactly that.

[–] [email protected] 2 points 2 months ago

It's not stealing, its not even 'piracy' which also is not stealing.

Copyright laws need to be scaled back, to not criminalize socially accepted behavior, not expand.

[–] [email protected] -2 points 2 months ago* (last edited 2 months ago) (1 children)

The original source material is still there. They just made a copy of it. If you think that's stealing then online piracy is stealing as well.

[–] [email protected] 1 points 2 months ago (1 children)

Well they make a profit off of it, so yes. I have nothing against piracy, but if you're reselling it that's a different story.

[–] [email protected] 3 points 2 months ago

But piracy saves you money which is effectively the same as making a profit. Also, it's not just that they're selling other people's work for profit. You're also paying for the insane amount of computing power it takes to train and run the AI plus salaries of the workers etc.