this post was submitted on 04 Dec 2023
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It's a hugely grey area but as far as the courts are concerned if it's on the internet and it's not behind a paywall or password then it's publicly available information.
I could write a script to just visit loads of web pages and scrape the text contents of those pages and drop them into a big huge text file essentially that's exactly what they did.
If those web pages are human accessible for free then I can't see how they could be considered anything other than public domain information in which case you explicitly don't need to ask the permission.
I don't think that's the case. A photographer can post pictures on their website for free, but that doesn't make it legal for anyone else to slap the pictures on t-shirts and sell them.
Because that becomes distribution.
Which is the crux of this issue: using the data for training was probably legal use under copyright, but if the AI begins to share training data that is distribution, and that is definitely illegal.
It wasn't. It is commercial use to train and sell a programm with it and that is regulated differently than private use. The data is still 1 to 1 part of the product. In fact this instance of chatGPT being able to output training data means the data is still there unchanged.
If training AI with text is made legally independent of the license of said text then by the same logic programming code and text can no longer be protected by it at all.