this post was submitted on 29 Sep 2023
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Authors using a new tool to search a list of 183,000 books used to train AI are furious to find their works on the list.

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

Does this fall under fair-use part of copyright?

[–] [email protected] 8 points 1 year ago (1 children)

It hasn't been tested in court yet but I don't see why it shouldn't.

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

Fair use is any copying of copyrighted material done for a limited and "transformative" purpose, such as to comment upon, criticize, or parody a copyrighted work.

I don't see why it should.

[–] [email protected] 7 points 1 year ago (1 children)

The creation of the AI model is transformative. The AI's model does not contain a literal copy of the copyrighted work.

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

No, but the training data does contain a copy. And making a model is not criticising, commenting upon, or creating a parody of it.

[–] [email protected] 5 points 1 year ago (1 children)

That list is not exclusive, it's just a list of examples of fair use.

The training data is not distributed with the AI model.

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (1 children)

it's just a list of examples of fair use.

Yes, it's a list of quite similar ways of commenting upon a work. Please explain how training an LLM is like any of those things, and thus, how Fair use would apply.

[–] [email protected] 1 points 1 year ago

I'm not saying that training an LLM is like any of those things. I'm saying it doesn't have to be like those things in order for it to still be fair use.

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

Pay for every bit of information you've read and regurgitated on exams.

[–] [email protected] 0 points 1 year ago (1 children)

AI is not human and should not be treated like a human

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

It's not. The humans that trained it (assumably) purchased the material used to train it. What's the problem?

[–] [email protected] 2 points 1 year ago

The use of the material to create a commercial product as well as the reality being that the humans training it never buy the data on an individual level.

[–] [email protected] 4 points 1 year ago

The training argument is probably going to come up dry by the time the court works its way through expert testimony, as the underlying argument for training as infringement is insane.

But where OpenAI is probably in hot water is that torrenting 100k books in the first place runs afoul of existing copyright legislation.

Everyone is debating the training in these suits, but the real meat and potatoes is going to be the initial infringement of obtaining the books, not how they were subsequently used.