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this post was submitted on 17 Aug 2023
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Technology
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Fair use isn't relevant.
Copyright law does not prevent learning from copyrighted material. There is no potential infringement for fair use to be applied to. Nothing is being copied and shared.
If they're suing, they're doing it because they think they can manipulate a ruling that does not in any way follow the law and because the benefit if they can do so is huge, not because any intelligent rational human being can read the law and possibly interpret anything as infringement. It's not ambiguous in any way. There can't be infringement if you don't distribute someone else's work.
But there is no one learning from it. It serves as a building block / source material to build these LLMs. I feel like the fact that it’s called learning gives folks the impression that it’s similar to what a human would do.
"AI" isn't intelligent, but that has literally zero relevance.
Seeing copyrighted material and forming takeaways does not in any way resemble copyright infringement. It's not the fact that a human is doing so that matters. It's the fact that no sort of analysis constitutes copying or copyright infringement.
But they aren’t forming take aways from it. They literally used that material to build this system. I also cannot just go around and take arbitrary data from anywhere and use it to build my own program. There are licenses attached to it and I have to be mindful of who’s work I can use to build my system and who’s I can’t use without explicit permission.
Building this system isn’t looking at other folks material and forming take aways from it. It’s literally using that material as input for building the system.
Yes they are.
And yes, you absolutely can use entirely New York Times articles as research material to write your own article based on conclusions from them. You can't outright copy paste their articles, but you can freely use information learned from their articles however the hell you want.
It's the exact same thing. "AI" looks at their articles, integrates information, and does not retain the actual article. That has no similarity in any way to copyright infringement.
Well. When I copy and paste source code into my program and compile it it also doesn’t retain the actual code. It’s still not allowed.
If I on the other hand read source code, remember and reapply it in a sort of similar way later on then that’s totally fine. But that’s not what OpenAI did there. There wasn’t a human involved that read the articles and then used that knowledge to adjust the LLM.
There question i would have is where is the line there? Does that mean that as soon as there is some automated process that uses the data it’s fine?
E.g. could I have a script that reads all NYT articles, extracts interesting information and provides them in a different format to users?
Yes, you can rewrite something in your own words and as it isn't copied verbatim, then it isn't infringement. You can't copyright the idea of something.