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
Another good question is why AIs do not mindlessly regurgitate source material. The reason is that they have access to so much copyrighted material. If they were trained on only one book, they would constantly regurgitate material from that one book. Because it’s trained on many (millions) books, it’s able to get creative. So the argument of OpenAI really boils down to: “we are not breaking copyright law, because we have used sufficient copyrighted material to avoid directly infringing on copyright”.
Eeeh, I still think diving into the weeds of the technical is the wrong way to approach it. Their argument is that training isn't copyright violation, not that sufficient training dilutes the violation.
Even if trained only on one source, it's quite unlikely that it would generate copyright infringing output. It would be vastly less intelligible, likely to the point of overtly garbled words and sentences lacking much in the way of grammar.
If what they're doing is technically an infringement or how it works is entirely aside from a discussion on if it should be infringement or permitted.