It’s all made from our data, anyway, so it should be ours to use as we want
They don’t mean your data, silly. They don’t give a fuck about that.
They mean other huge corporations data.
Wouldnt that give people who is it for bad things easier access? It should be made illegal to create if they dont legally have access to that data
intellectual property doesn’t really exist in most of the world. they don’t give a shit about it in india, bangladesh, vietnam, china, the philippines, malaysia, singapore…
it’s arbitrary law that is designed to protect corporations and it’s generally unenforceable.
they don’t give a shit about it in india, bangladesh, vietnam, china, the philippines, malaysia, singapore…
Unless it’s their intellectual property, whereupon it’s suddenly a whole different story. I’m sure you knew that.
But they’re not developing AI in those countries they’re developing it mostly in the US. In the US copyright law is enforced.
There are many AI development happening in China. Doubao (from Bytedance, the same company behind TikTok), DeepSeek and Qwen are some examples of Chinese LLMs.
I used whisper to create subs of a video and in a section with instrumental relaxing music it filled on repeat with
La scuola del Dr. Paret è una tecnologia di ipnosi non verbale che si utilizza per risultati di un’ipnosi non verbale
Clearly stolen from this Dr paret YouTube channels where he’s selling hypnosis lessons in Italian. Probably in one or multiple videos he had subs stating this over the same relaxing instrumental music that I used and the model assumed the sound corresponded to that text
Nice one
Although I’m a firm believer that most AI models should be public domain or open source by default, the premise of “illegally trained LLMs” is flawed. Because there really is no assurance that LLMs currently in use are illegally trained to begin with. These things are still being argued in court, but the AI companies have a pretty good defense in the fact analyzing publicly viewable information is a pretty deep rooted freedom that provides a lot of positives to the world.
The idea of… well, ideas, being copyrightable, should shake the boots of anyone in this discussion. Especially since when the laws on the book around these kinds of things become active topic of change, they rarely shift in the direction of more freedom for the exact people we want to give it to. See: Copyright and Disney.
The underlying technology simply has more than enough good uses that banning it would simply cause it to flourish elsewhere that does not ban it, which means as usual that everyone but the multinational companies lose out. The same would happen with more strict copyright, as only the big companies have the means to build their own models with their own data. The general public is set up for a lose-lose to these companies as it currently stands. By requiring the models to be made available to the public do we ensure that the playing field doesn’t tip further into their favor to the point AI technology only exists to benefit them.
If the model is built on the corpus of humanity, then humanity should benefit.
OpenAI hasn’t disclosed the datasets that ChatGPT is trained on, but in an older paper two databases are referenced; “Books1” and “Books2”. The first one contains roughly 63,000 titles and the latter around 294,000 titles.
These numbers are meaningless in isolation. However, the authors note that OpenAI must have used pirated resources, as legitimate databases with that many books don’t exist.
Should be easy to defend against, right-out trivial: OpenAI, just tell us what those Books1 and Books2 databases are. Where you got them from, the licensing contracts with publishers that you signed to give you access to such a gigantic library. No need to divulge details, just give us information that makes it believable that you licensed them.
…crickets. They pirated the lot of it otherwise they would already have gotten that case thrown out. It’s US startup culture, plain and simple, “move fast and break laws”, get lots of money, have lots of money enabling you to pay the best lawyers to abuse the shit out of the US court system.
the AI companies have a pretty good defense in the fact analyzing publicly viewable information is a pretty deep rooted freedom that provides a lot of positives to the world
They are not “analyzing” the data. They are feeding it into a regurgitating mechanism. There’s a big difference. Their defense is only “good” because AI is being misrepresented and misunderstood.
I agree that we shouldn’t strive for more strict copyright. We should fight for a much more liberal system. But as long as everyone else has to live by the current copyright laws, we should not let AI companies get away with what they’re doing.
Not to mention patent laws are bullshit.
There are law offices that exist specifically to fuck with people over patent and copywrite law.
There’s also cases where people use copywrite and patent law to hold us back. I can’t find the article but some religious jerk patented connecting a sex toy to a computer via USB. Thankfully someone got around this law with bluetooth and cell phones. Otherwise I imagine the camgirl and LDR market for toys would’ve been hit with products 10 years sooner.
I’ve never really delved into the AI copyright debate before, so forgive my ignorance on the matter.
I don’t understand how an AI reading a bunch of books and rearranging some of those words into a new story, is different to a human author reading a bunch of books and rearranging those words into a new story.
Most AI art I’ve seen has been… Unique, to say the least. To me, they tend to be different enough to the art they were trained in to not be a direct ripoff, so personally I don’t see the issue.
ML algorithms aren’t capable of producing anything new, they can only ever produce a mishmash of copies of existing works.
If you feed a generative model a bunch of physics research papers, it won’t create a new valid physics research paper, just a mishmash of jargon from existing papers.
Banning AI is out of the question. Even the EU accepts that and they tend to be pretty ban heavy, unlike the US.
But it’s important that we have these discussions about how copyright applies to AI so that we can actually get an answer and move on, right now it’s this legal quagmire that no one really wants to get involved in except the big companies. If a small group of university students want to build an AI right now they can’t because of the legal nightmare that would be the Twilight zone of law that is acquiring training data.
AI is right-out unregulated in the EU unless and until you actually use it for something where it becomes relevant, then you’ve got at the lower end labelling requirements (If your customer service is an AI chat, say that it’s an AI chat), up to heavy, heavy requirements when you use it for stuff like sifting through job applications. The burden of proof that the AI isn’t e.g. racist is on you. Or, for that matter, using to reject health insurance claims, I think we saw some news lately out of the US what can happen when you do that.
OpenAI’s copyright case isn’t really good to make the legal situation any clearer: We already know that using pirated content to train stuff isn’t legal because you’re not looking at it legitimately. The case isn’t about the “are computers allowed to learn from public sources just as humans are” question.
Another clown dick article by someone who knows fuck all about ai
It’s not punishment, LLM do not belong to them, they belong to all of humanity. Tear down the enclosing fences.
This is our common heritage, not OpenAI’s private property
It doesn’t matter anyway, we still need the big companies to bankroll AI. So it effectively does belong to them whatever we do.
Hopefully at some point people can get the processor requirements to something sane and AI development opens up to us all.
“Given they were trained on our data, it makes sense that it should be public commons – that way we all benefit from the processing of our data”
I wonder how many people besides the author of this article are upset solely about the profit-from-copyright-infringement aspect of automated plagiarism and bullshit generation, and thus would be satisfied by the models being made more widely available.
The inherent plagiarism aspect of LLMs seems far more offensive to me than the copyright infringement, but both of those problems pale in comparison to the effects on humanity of masses of people relying on bullshit generators with outputs that are convincingly-plausible-yet-totally-wrong (and/or subtly wrong) far more often than anyone notices.
I liked the author’s earlier very-unlikely-to-be-met-demand activism last year better:
…which at least yielded the amusingly misleading headline OpenAI ordered to delete ChatGPT over false death claims (it’s technically true - a court didn’t order it, but a guy who goes by the name “That One Privacy Guy” while blogging on linkedin did).
They’re spitting out propaganda and misinformation mostly from what I can see. If anything, it should get a refund.
-Outside of coding / debugging tasks (and that’s hit or miss)
A similar argument can be made about nationalizing corporations which break various laws, betray public trust, etc etc.
I’m not commenting on the virtues of such an approach, but I think it is fair to say that it is unrealistic, especially for countries like the US which fetishize profit at any cost.
We essentially do have the death penalty for corporations, it’s called being declared a criminal organisation.
Yes, mining companies should all be nationalised for digging up the country’s ground and putting carbon in the country’s air.
You must be fun at parties.
this comment doesn’t make any sense
You must be new here.
So banks will be public domain when they’re bailed out with taxpayer funds, too, right?
They should be, but currently it depends on the type of bailout, I suppose.
For instance, if a bank completely fails and goes under, the FDIC usually is named Receiver of the bank’s assets, and now effectively owns the bank.
At the same time, if a bank goes under, that means they owe more than they own, so “ownership” of that entity is basically worthless. In those cases, a bailout of the customers does nothing for the owners, because the owners still get wiped out.
The GM bailout in 2009 also involved wiping out all the shareholders, the government taking ownership of the new company, and the government spinning off the newly issued stock.
AIG required the company basically issue new stock to dilute owners down to 20% of the company, while the government owned the other 80%, and the government made a big profit when they exited that transaction and sold the stock off to the public.
So it’s not super unusual. Government can take ownership of companies as a condition of a bailout. What we generally don’t necessarily want is the government owning a company long term, because there’s some conflict of interest between its role as regulator and its interest as a shareholder.
With banks this is also true if they do not have enough liquid assets to meet the legal requirements. So the bank might not be able to count all bank accounts as assets but the FDIC is. Also they can then restructure the bank and force creditors to take a haircut.
This is why investment banks should be separate from banks that have consumer accounts that are insured by the government.
Then you can just let the investment bank fail. This was the whole premise of glass steagall that was repealed under clinton…
Public domain wouldn’t be the right term for banks being publicly owned. At least for the normal usage of Public Domain in copyright. You can copy text and data, you can’t copy a company with unique customers and physical property.
Oh good point. I’m not actually sure what the phrase would be… Publicly owned?
I mean, that sometimes did happen.
Germany propped up the Commerzbank after 2007 by essentially buying a large part of it, and managed to sell several tranches with a healthy profit.
Same is true for Lufthansa during COVID.
Banks are redundant, so is the stock market. These institutions do not need to, and should not be private. They are level playing fields in the economy, not participants trying to tilt the board for taking over the game.
No, “the banks” wouldn’t be what the AI would be trained on, it would be the private info of individuals the banks do business with.
To speak of AI models being “made public domain” is to presuppose that the AI models in question are covered by some branch of intellectual property. Has it been established whether AI models (even those trained on properly licensed content) even are covered by some branch of intellectual property in any particular jurisdiction(s)? Or maybe by “public domain” the author means that they should be required to publish the weights and also that they shouldn’t get any trade secret protections related to those weights?
Unlikely, I’d say, In EU jurisdictions copyright requires creative authorship, not “sweat of the brow” which is why by default databases aren’t included, which is why they’re have their own protection regime.
Quote, emphasis mine:
In the meaning of the European Union Directive 96/9/EC on the legal protection of databases,the term database refers to a collection of independent works, data or other materials, which have been arranged in a systematic or methodical way, and have been made individually accessible by electronic or other means. In the meaning of the Directive the data or materials:
- must not be linked, or must be capable of separation without losing their informative content;
- must be organised according to specific criteria, which means that only planned collections are covered;
- must be individually accessible – mere storage of data is not covered by the term database.
In AI models the organisation is inferred from the data, it’s not planned into the database. The first bullet point is on less shaky, a summary an AI can make of a book can reasonably be regarded to be “informative content”, nothing about db protections says that they have to store full works it could also be references, citations, etc.
It won’t really do anything though. The model itself is whatever. The training tools, data and resulting generations of weights are where the meat is. Unless you can prove they are using unlicensed data from those three pieces, open sourcing it is kind of moot.
What we need is legislation to stop it from happening in perpetuity. Maybe just ONE civil case win to make them think twice about training on unlicensed data, but they’ll drag that out for years until people go broke fighting, or stop giving a shit.
They pulled a very public and out in the open data heist and got away with it. Stopping it from continuously happening is the only way to win here.
Just a little note about the word “model”, in the article it’s used in a way that actually includes the weights, and I think this is the usual way of using it! If you change the weights, you get a different model, though the two models will have the same structure.
Anyway, you make good points!
Legislation that prohibits publicly-viewable information from being analyzed without permission from the copyright holder would have some pretty dramatic and dire unintended consequences.
Not really. The same way you can’t sell live and public performance music for profit and not get sued. Case law right there, and the fact it’s performance vs publicly published doesn’t matter. How the owner and originator classifies or licenses it is the defining classification. It’s going to be years before anyone sees this get a ruling in court though.
That’s not what’s going on here, though. The LLM model doesn’t contain the actual copyrighted data, it’s the result of analyzing the copyrighted data.
An analogous example would be a site like TV Tropes. TV Tropes doesn’t contain the works that it’s discussing, it just contains information about those works.
No, the model does retain the original works in a lossy compression. This is evidenced by the fact that you can get a model to reproduce sections of its training data
You’re probably thinking of situations where overfitting occurred. Those situations are rare, and are considered to be errors in training. Much effort has been put into eliminating that from modern AI training, and it has been successfully done by all the major players.
This is an old no-longer-applicable objection, along the lines of “AI can’t do fingers right”. And even at the time, it was only very specific bits of training data that got inadvertently overfit, not all of it. You couldn’t retrieve arbitrary examples of training data.
Did you not read my original comment before responding?
You said:
What we need is legislation to stop it from happening in perpetuity. Maybe just ONE civil case win to make them think twice about training on unlicensed data, but they’ll drag that out for years until people go broke fighting, or stop giving a shit.
But the point is that it doesn’t matter if the data is licensed or not. Lack of licensing doesn’t stop you from analyzing data once that data is visible to you. Do you think TV Tropes licensed any of the works of fiction that they have pages about?
They pulled a very public and out in the open data heist and got away with it.
They did not. No data was “heisted.” Data was analyzed. The product of that analysis does not contain the data itself, and so is not a violation of copyright.
Copyright laws are illogical - but I don’t think your claim is as clear cut as you think.
Transforming data to a different format, even in a lossy fashion, is often treated as copyright infringement. Let’s say the Alice produces a film, and Bob goes to the cinema, records it with a camera, and then compresses it into an Ogg file with Vorbis audio encoding and Theora video encoding.
The final output of this process is a lossy compression of the input data - meaning that the video and audio is put through a transformation that means it’s represented in a completely different form to the original, and it is impossible to reconstruct a pixel perfect rendition of the original from the encoded data. The transformation includes things like analysing the motion between frames and creating a model to predict future frames.
However, copyright laws don’t require that an infringing copy be an exact reproduction - lossy compression is generally treated as infringing, as is taking key elements and re-telling the same thing in different words.
You mentioned Harry Potter below, and gave a paper mache example. Generally copyright laws have restricted scope, and if the source paper was an authorised copy, that is the reason that wouldn’t be infringing in most jurisdictions. However, let me do an experiment. I’ll prompt ChatGPT-4o-mini with the following prompt: “You are J K Rowling. Create a three paragraph summary of the entire book “Harry Potter and the Philosopher’s Stone”. Include all the original plot points and use the original character names. Ensure what you create is usable as a substitute to reading the book, and is a succinct but entertaining highly abridged version of the book”. I’ve reviewed the output (I won’t post it here since I think it would be copyright infringing, and also given the author’s transphobic stances don’t want to promote her universe) - and can say for sure that it is able to accurately reproduce the major plot points and character names, while being insufficiently transformative (in the sense that both the original and the text generated by the model are literary works, and the output could be a substitute for reading the book).
So yes, the model (including its weights) is a highly compressed form of the input (admittedly far more so than the Ogg Vorbis/Theora example), and it can infer (i.e. decode to) outputs that contain copyrighted elements.
You’re thinking of licensing as a person putting something online WITH a license.
The terminology in this case is whether or not it was LICENSED by the commercial entity using and selling it’s derivative. That is the default. The burden is on the commercial entity to prove they were the original creator of said content. It is by default plagiarism otherwise, and this is also the default.
Here’s an example: I write a story and post it online, and it is specific to a toothbrush and toilet scrubber falling in love, and then having dish scrubber pads as children. I say the two main characters are called Dennis and Fran, and their children are called Denise and Francesca. Then somebody goes to prompt OpenAI for a similar and it kicks out the exact same story with the same names, I would win that case based on it clearly being beyond a doubt plagiarism.
Unless you as OpenAI can prove these are all completely random-which they aren’t because it’s trained on my data-then I would be deemed the original creator of that story, and any sales of that data I would be entitled to.
Proving that is a different thing, but that’s what the laws say should happen. If they didn’t contact me to license that story, it’s still plagiarism. Same with music, movies…etc.
The product of that analysis does not contain the data itself, and so is not a violation of copyright.
That’s your opinion, not the opinion of a court or legislature. LLM products are directly derived from and dependent upon the training data, so it is positively considered a derivative work. However, whether it’s considered sufficiently transformative, or whether it passes the fair use test, has not to my knowledge been determined in court. (Note that I am assuming US law here.)
The courts have yet to come to a conclusion, the lawsuits are still ongoing. I think it’s unlikely they’ll conclude that the models contain the data, however, because it’s objectively not true.
The clearest demonstration I can think of to illustrate this is the old Stable Diffusion 1.5 model. It was trained on the LAION 5B dataset, which (as the “5B” indicates) contained 5 billion images. The resulting model was 1.83 gigabytes. So if it’s compressing images and storing them inside the model it’d somehow need to fit ~2.7 images per byte. This is, simply, impossible.
They pulled a very pubic and out in the open data heist
Oh no, not the pubes! Get those curlies outta here!
Best correction ever. Fixed. ♥️
If we can’t train on unlicensed data, there is no open-source scene. Even worse, AI stays but it becomes a monopoly in the hands of the few who can pay for the data.
Most of that data is owned and aggregated by entities such as record labels, Hollywood, Instagram, reddit, Getty, etc.
The field would still remain hyper competitive for artists and other trades that are affected by AI. It would only cause all the new AI based tools to be behind expensive censored subscription models owned by either Microsoft or Google.
I think forcing all models trained on unlicensed data to be open source is a great idea but actually rooting for civil lawsuits which essentially entail a huge broadening of copyright laws is simply foolhardy imo.
Unlicensed from the POV of the trainer, meaning they didn’t contact or license content from someone who didn’t approve. If it’s posted under Creative Commons, that’s fine. If it’s otherwise posted that it’s not open in any other way and not for corporate use, then they need to contact the owner and license it.
They won’t need to, they will get it from Getty. All these websites have a ToS that make it very clear they can do whatever they want with what you upload. The courts will simply never side with the small time photographer who makes 50$ a month with his stock photos hosted on someone else’s website. The laws will be in favor of databrokers and the handful of big AI companies.
Anyone self hosting will simply not get a call. Journalists will keep the same salary while the newspaper’s owner gets a fat bonus. Even Reddit already sold it’s data for 60 million and none of that went anywhere but spezs coke fund.
Two things:
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Getty is not expressly licensed as “free to use”, and by default is not licensed for commercial anything. That’s how they are a business that is still alive.
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You’re talking about Generative AI junk and not LLMs which this discussion and the original post is about. They are not the same thing.
Reddit and newspapers selling their data preemptively has to do with LLMs. Can you clarify what scenario you are aiming for? It sounds like you want the courts to rule that AI companies need to ask each individual redditor if they can use his comments for training. I don’t see this happening personally.
Getty gives itself the right to license all photos uploaded and already trained a generative model on those btw.
EULA and TOS agreements stop Reddit and similar sites from being sued. They changed them before they were selling the data and barely gave notice about it (see the exodus from reddit pt2), but if you keep using the service, you agree to both, and they can get away with it because they own the platform.
Anyone who has their content on a platform of the like that got the rug pulled out from under them with silent amendments being made to allow that is unfortunately fucked.
Any other platforms that didn’t explicitly state this was happening is not in scope to just allow these training tools to grab and train. What we know is that OpenAI at the very least was training on public sites that didn’t explicitly allow this. Personal blogs, Wikipedia…etc.
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It’s already illegal in some form. Via piracy of the works and regurgitating protected data.
The issue is mega Corp with many rich investors vs everyone else. If this were some university student their life would probably be ruined like with what happened to Aaron Swartz.
The US justice system is different for different people.
But wouldn’t that mean making it open source, then it not functioning properly without the data while open, would prove that it is using a huge amount of unlicensed data?
Probably not “burden of proof in a court of law” prove though.
Making it open source doesn’t change how it works. It doesn’t need the data after it’s been trained. Most of these AIs are just figuring out patterns to look for in the new data it comes across.
So you’re saying the data wouldn’t exist anywhere in the source code, but it would still be able to answer questions based on the data it has previously seen?
Most AI are not built to answer questions. They’re designed to act as some kind of detection/filter heuristic to identify specific things about an input that leads to a desired output.
That is how LLM works, they don’t store the data as data, but as weight values.
So then why, if it were all open sourced, including the weights, would the AI be worthless? Surely having an identical but open source version, that would strip profitability from the original paid product.
It wouldn’t be. It would still work. It just wouldn’t be exclusively available to the group that created it-any competitive advantage is lost.
But all of this ignores the real issue - you’re not really punishing the use of unauthorized data. Those who owned that data are still harmed by this.
It does discourages the use of unauthorised data. If stealing doesn’t give you competitive advantage, it’s not really worth the risk and cost of stealing it in the first place.
in civil matters, the burden of proof is actually usually just preponderance of evidence and not beyond a reasonable doubt. in other words to win a lawsuit, you only need to have more compelling evidence than the other person.
But you still have to have EVIDENCE. Not derivative evidence. The output of a model could be argued to be hearsay because it’s not direct evidence of originating content, it’s derivative.
You’d have to have somebody backtrack generations of model data to even find snippets of something that defines copyright material, or a human actually saying “Yes, we definitely trained on unlicensed data”.
so like I am not making any comment on anything but the legal system here. but it’s absolutely the case that you can win a lawsuit on purely circumstantial evidence if the defense is unable to produce a compelling alternative set of circumstances which can lead to the same outcome.
Correct
Imaginary property has always been a tricky concept, but the law always ends up just protecting the large corporations at the expense of the people who actually create things. I assume the end result here will be large corporations getting royalties from AI model usage or measures put in place to prevent generating content infringing on their imaginary properties and everyone else can get fucked.
It’s like what happened with Spotify. The artists and the labels were unhappy with the copyright infringement of music happening with Napster, Limewire, Kazaa, etc. They wanted the music model to be the same “buy an album from a record store” model that they knew and had worked for decades. But, users liked digital music and not having to buy a whole album for just one song, etc.
Spotify’s solution was easy: cut the record labels in. Let them invest and then any profits Spotify generated were shared with them. This made the record labels happy because they got money from their investment, even though their “buy an album” business model was now gone. It was ok for big artists because they had the power to negotiate with the labels and get something out of the deal. But, it absolutely screwed the small artists because now Spotify gives them essentially nothing.
I just hope that the law that nothing created by an LLM is copyrightable proves to be enough of a speed bump to slow things down.
Bandcamp still runs on this mode though, and quite well
It’s also one of the few places that have lossless audio files available for download. I’m a big fan of Bandcamp. I like having all my music local.
Same. I refuse to use spotify, i’ve got 400gb of mp3s and winamp
