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AI Lie: Machines Don’t Learn Like Humans (And Don’t Have the Right To) (www.tomshardware.com)

submitted 9 months ago by [email protected] to c/[email protected]

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Avram Piltch is the editor in chief of Tom's Hardware, and he's written a thoroughly researched article breaking down the promises and failures of LLM AIs.

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[–] [email protected] 4 points 9 months ago* (last edited 9 months ago) (1 children)

From Wikipedia, "a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work".

You can probably can the output of an LLM 'derived', in the same way that if I counted the number of 'Q's in Harry Potter the result derived from Rowling's work.

But it's not 'derivative'.

Technically it's possible for an LLM to output a derivative work if you prompt it to do so. But most of its outputs aren't.

[–] [email protected] 4 points 9 months ago (1 children)

a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work

What was fed into the algorithm? A human decided which major copyrighted elements of previously created original work would seed the algorithm. That's how we know it's derivative.

If I take somebody's copyrighted artwork, and apply Photoshop filters that change the color of every single pixel, have I made an expressive creation that does not include copyrightable elements of a previously created original work? The courts have said "no", and I think the burden is on AI proponents to show how they fed copyrighted work into an mechanical algorithm, and produced a new expressive creation free of copyrightable elements.

[–] [email protected] 4 points 9 months ago* (last edited 9 months ago)

I think the test for "free of copyrightable elements" is pretty simple - can you look at the new creation and recognize any copyrightable elements in it? The process by which it was created doesn't matter. Maybe I made this post entirely by copy-pasting phrases from other people, who knows (well, I didn't, only because it would be too much work), but it does not infringe either way...