Technology
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At the moment, we have LLMs. When (if) we get to a point of a true thinking entity that can do more than parrot back a convincing puree of the (large) model (of things people say) it was trained on, then we can determine what access it should be allowed, but since we’re nowhere near that point and have no idea of the nature of the things we’ll create along the path to get there, sweeping declarations of its rights are premature.
Interesting, please tell me how 'parroting back a convincing puree of the model it was trained on' is in any way different from what humans are doing.
And that is the point.
It sounds stupidly simple, but AIs in itself was the idea to do the learning and solving problems more like a human would. By learning how to solve similar problems, and transfer the knowledge to a new problem.
Technically there's an argument that our brain is nothing more than an AI with some special features (chemicals for feelings, reflexes, etc). But it's good to remind ourselves we are nothing inherently special. Although all of us are free to feel special of course.
But we make the laws, and have the privilege of making them pro-human. It may be important in the larger philosophical sense to meditate on the difference between AIs and human intelligence, but in the immediate term we have the problem that some people want AIs to be able to freely ingest and repeat what humans spent a lot of time collecting and authoring in copyrighted books. Often, without even paying for a copy of the book that was used to train the AI.
As humans, we can write the law to be pro-human and facilitate human creativity.