It’s all made from our data, anyway, so it should be ours to use as we want

  • patatahooligan@lemmy.world
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    10 hours ago

    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.

    • Landless2029@lemmy.world
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      8 hours ago

      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.

    • ClamDrinker@lemmy.world
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      6 hours ago

      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 really kind of hope you’re kidding here. Because this has got to be the most roundabout way of saying they’re analyzing the information. Just because you think it does so to regurgitate (which I have yet to see any good evidence for, at least for the larger models), does not change the definition of analyzing. And by doing so you are misrepresenting it and showing you might just have misunderstood it, which is ironic. And doing so does not help the cause of anyone who wishes to reduce the harm from AI, as you are literally giving ammo to people to point to and say you are being irrational about it.

      • patatahooligan@lemmy.world
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        5 hours ago

        Yes if you completely ignore how data is processed and how the product is derived from the data, then everything can be labeled “data analysis”. Great point. So copyright infringement can never exist because the original work can always be considered data that you analyze. Incredible.

        • ClamDrinker@lemmy.world
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          4 hours ago

          No, not what I said at all. If you’re trying to say I’m making this argument I’d urge you (ironically) to actually analyze what I said rather than putting words in my mouth ;) (Or just, you know, ask me to clarify)

          Copyright infringement (or plagiarism) in it’s simplest form, as in just taking the material as is, is devoid of any analysis. The point is to avoid having to do that analysis and just get right to the end result that has value.

          But that’s not what AI technology does. None of the material used to train it ends up in the model. It looks at the training data and extracts patterns. For text, that is the sentence structure, the likelihood of words being followed by another, the paragraph/line length, the relationship between words when used together, and more. It can do all of this without even ‘knowing’ what these things are, because they are simply patterns that show up in large amounts of data, and machine learning as a technology is made to be able to detect and extract those patterns. That detection is synonymous with how humans do analysis. What it detects are empirical, factual observations about the material it is shown, which cannot be copyrighted.

          The resulting data when fed back to the AI can be used to have it extrapolate on incomplete data, which it could not do without such analysis. You can see this quite easily by asking an AI to refer to you by a specific name, or talk in a specific manner, such as a pirate. It ‘understands’ that certain words are placeholders for names, and that text can be ‘pirateitfied’ by adding filler words or pre/suffixing other words. It could not do so without analysis, unless that exact text was already in the data to begin with, which is doubtful.

          • patatahooligan@lemmy.world
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            2 hours ago

            No, not what I said at all. If you’re trying to say I’m making this argument I’d urge you (ironically) to actually analyze what I said rather than putting words in my mouth ;) (Or just, you know, ask me to clarify)

            That was your implied argument regardless of intent.

            Copyright infringement (or plagiarism) in it’s simplest form, as in just taking the material as is, is devoid of any analysis. The point is to avoid having to do that analysis and just get right to the end result that has value.

            Completely wrong, which invalidates the point you want to make. “Analysis” and “as is” have no place in the definition of copyright infringement. A derivative work can be very different from the original material, and how you created the derivative work, including whether you performed whatever you think “analysis” means, is generally irrelevant.

            What it detects are empirical, factual observations about the material it is shown, which cannot be copyrighted.

            No it detects patterns. You already said it correctly above. And the problem is that some patterns can be copyrighted. That’s exactly the problem highlighted here and here. For copyright law, it doesn’t matter if, for example, that particular image of Mario is copied verbatim from the training data. The character likeness, which is encoded in the model because it is in fact a discernible pattern, is an infringement.

            • ClamDrinker@lemmy.world
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              2 hours ago

              That was your implied argument regardless of intent.

              I decide what my argument is, thank you very much. Your interpretation of it is outside of my control, and while I might try to avoid it from going astray, I cannot stop it from doing so, that’s on you.

              Completely wrong, which invalidates the point you want to make. “Analysis” and “as is” have no place in the definition of copyright infringement. A derivative work can be very different from the original material, and how you created the derivative work, including whether you performed whatever you think “analysis” means, is generally irrelevant.

              I wasn’t giving a definition of copyright infringement, since that depends on the jurisdiction, and since you and I aren’t in the same one most likely, that’s nothing I would argue for to begin with. In the most basic form of plagiarism, people do so to avoid doing the effort of transformation. More complex forms of plagiarism might involve some transformation, but still try to capture the expression of the original, instead of the ideas. Analysis is definitely relevant, since to create a work that does not infringe on copyright, you generally can take ideas from a copyrighted work, but not the expression of those ideas. If a new work is based on just those ideas (and preferably mixes it with new ideas), it generally doesn’t infringe on copyright. It’s why there are so many copycat products of everything you can think of, that aren’t copyright infringing.

              No it detects patterns. You already said it correctly above. And the problem is that some patterns can be copyrighted. That’s exactly the problem highlighted here and here. For copyright law, it doesn’t matter if, for example, that particular image of Mario is copied verbatim from the training data.

              While depending on your definition Mario could be a sufficiently complex pattern, that’s not the definition I’m using. Mario isn’t a pattern, it’s an expression of multiple patterns. Patterns like “an italian man”, “a big moustache”, “a red rounded hat with the letter ‘M’ in a white circle”, “overalls”. You can use any of those patterns in a new non-infringing work, Nintendo has no copyright on any of those patterns. But bring them all together in one place again without adding new patterns, and you will have infringed on the expression of Mario. If you give many images of Mario to the AI it might be able to understand that those patterns together are some sort of “Mario-ness” pattern, but it can still separate them from each other since you aren’t just showing it Mario, but also other images that have these same patterns in different expressions.

              Mario’s likeness isn’t in the model, but it’s patterns are. And if an unethical user of the AI wants to prompt it for those specific patterns to be surprised they get Mario, or something close enough to be substantially similar, that’s on them, and it will be infringing just like drawing and selling a copy of Mario without Nintendo’s approval is now.

              The character likeness, which is encoded in the model because it is in fact a discernible pattern, is an infringement.

              You have absolutely no legal basis to claim they are infringement, as these things simply have not been settled in court. You can be of the opinion that they are infringement, but your opinion isn’t the same as law. The articles you showed are also simply reporting and speculating on the lawsuits that are pending.

              • patatahooligan@lemmy.world
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                36 minutes ago

                Plagiarism is not the same as copyright infringement. Why you think people probably plagiarize is doubly irrelevant then.

                Analysis is definitely relevant, since to create a work that does not infringe on copyright

                Show me literally any example of the defendant’s use of “analysis” having any impact whatsoever in a copyright infringement case or a law that explicitly talks about it, or just stop repeating that it is in any way relevant to copyright.

                But bring them all together in one place again without adding new patterns

                Wrong. The “all together” and “without adding new patterns” are not legal requirements. You are constantly trying to push the definition of copyright infringement to be more extreme to make it easier for you to argue.

                you generally can take ideas from a copyrighted work, but not the expression of those ideas

                Unfortunately, an AI has no concept of ideas, and it simply encodes patterns, whatever they might happen to be. Again, you’re morphing the discussion to make an argument.

                Mario’s likeness isn’t in the model, but it’s patterns are.

                Mario’s likeness has to be encoded into the model in some way. Otherwise, this would not have been the image generated for “draw an italian plumber from a video game”. There is absolutely nothing in the prompt to push GPT-4 to combine those elements. There are also no “new” patterns, as you put it. That’s exactly the point of the article. As they put it:

                Clearly, these models did not just learn abstract facts about plumbers—for example, that they wear overalls and carry wrenches. They learned facts about a specific fictional Italian plumber who wears white gloves, blue overalls with yellow buttons, and a red hat with an “M” on the front.

                These are not facts about the world that lie beyond the reach of copyright. Rather, the creative choices that define Mario are likely covered by copyrights held by Nintendo.

                This is contradictory to how you present it as “taking ideas”.

                You have absolutely no legal basis to claim they are infringement

                You’re mixing up different things. I’m saying that the image contains infringing material, which is hopefully not something you have to be convinced about. The production of an obviously infringing image, without the infringing elements having been provided in the prompt, is used to show how this information is encoded inside the model in some form. Whether this copyright-protected material exists in some form inside the model is not an equivalent question to whether this is copyright infringement. You are right that the courts have not decided on the latter, but we have been talking about the former. I repeat your position which I was directly responding to before:

                What it detects are empirical, factual observations about the material it is shown, which cannot be copyrighted.

    • gazter@aussie.zone
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      9 hours ago

      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.

      • patatahooligan@lemmy.world
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        2 hours ago

        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.

        Ok, let’s say for now that these things are actually similar. Is a human legally allowed to “rearrange those words” in any way they want? Not really, because they can’t copy stuff like characters or plot structure. Even if the copy is not verbatim, it has to avoid being “too similar”. It’s not always clear where the threshold is; that will be judged in court. But imagine if your were being sued for copyright infringement because of perceived similarities between your work and another creator’s. You go to court and say “Well I torrented the plaintiff’s work and studied it with the express intent to copy discernible patterns in it, then sell my work based on those patterns”. As long as the similarities are found to be valid, you’re most likely to lose. The fact that you’ve spent years campaigning how companies can save a lot of money by firing artists and hiring your pattern-replicating service instead probably wouldn’t help your case either. Well, that’s basically what an honest defense of AI against copyright infringement would be. So the question is, does AI actually produce output too similar to its training data? Well, this is an example of articles you can find on the topic…

        So based on the above thoughts, do you feel like we hold AI generation to the same standard as we do human creators? It doesn’t seem so to me.

        But there’s a lot of reasons why we should hold AIs to higher standards instead. Off the top of my head:

        • AIs have been created exclusively to replicate patterns in existing works. This is not the only function people have. So we don’t have to wonder whether similarities between AI inputs and outputs are coincidental. We don’t have to worry about whether overbearing restrictions might inadvertently affect some other function.
        • AIs have no feelings or needs. We don’t have to worry about causing direct harm to them and about protecting their rights. Forbidding a person from reading a book just in case they copy elements from it is obviously problematic, but restricting AI’s access to copyrighted work is not directly harmful in the same way.
      • Optional@lemm.ee
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        5 hours ago

        I think the the main difference is one being a human author and this is how humans function. We can not unsee or unhear things but we can be compelled to not use that information if the law requires so company secrets/inadmissible evidence in jury duty/plagiarism laws that already exist. And the other being a machine that do not have agency or personhood that has this information being fed to it ( created by other people ) for the sole purpose of creating a closed system for a company so it’s shareholders can make money. It’s this open for me but not for thee approach is the main problem people have. You have this proprietary “open ai” that microsoft invested 25 or so billion in so they can scrape other peoples work and charge you money for variations of it. I don’t mind abolishing ip or patent laws all together so everyone can use and improve chatgpt with whatever they have. If you yourself are hiding behind ip laws to protect your software and disrespecting other peoples copyright laws that’s what people see problematic.

      • ClamDrinker@lemmy.world
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        5 hours ago

        Yes, this is my exact issue with some framing of AI. Creative people love their influences to the point you can ask them and they will point to parts that they reference or nudged to an influence they partially credit to getting to that result. It’s also extremely normal that when you make something new, you brainstorm and analyze any kind of material (copyrighted or not) you can find that gives the same feelings you desire to create. As is ironically said to give comfort to starting creatives that it’s okay to be inspired by others: “Good artists copy, great artists steal.”

        And often people very anti AI don’t see an issue with this, yet it is in essence the same as the AI does, which is to detach the work from the ideas it was built on, and then re-using those ideas. And just like anyone who has the ability to create has the ability to plagiarize or infringe, so does the AI. As human users of AI we must be the ones to ethically guide it away from that (Since it can’t do that itself), just like you would not copy-paste your influences into a new human made work.

      • catloaf@lemm.ee
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        7 hours ago

        The for-profit large-scale media blender is the problem. When it’s a human writing Harry Potter fan fiction, it’s fine. When a company sells a tool for you to write thousands of trash “books” for profit, it’s a problem.

        • ClamDrinker@lemmy.world
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          6 hours ago

          Which is why the technology itself isn’t the issue, but those willing to use it in unethical ways. AI is an invaluable tool to those with limited means, unlike big corporations.

      • trashgirlfriend@lemmy.world
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        8 hours ago

        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.

        • ClamDrinker@lemmy.world
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          6 hours ago

          You say it’s not capable of producing anything new, but then give an example of it creating something new. You just changed the goal from “new” to “valid” in the next sentence. Looking at AI for “valid” information is silly, but looking at it for “new” information is not. Humans do this kind of information mixing all the time. It’s why fan works are a thing, and why most creative people have influences they credit with being where they are today.

          Nobody alive today isn’t tainted by the ideas they’ve consumed in copyrighted works, but we do not bat an eye if you use that in a transformative manner. And AI already does this transformation much better than humans do since it’s trained on that much more information, diluting the pool of sources, which effectively means less information from a single source is used.

          • trashgirlfriend@lemmy.world
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            4 hours ago

            It doesn’t give you new information.

            If I write the sentence “Hello, I just got home” and use an algorithm to jumble it into “got Hello, just I home” there’s nothing new there.

            There’s no transformation, it’s not capable of transformation, it’s just a very complicated text jumbler that’s supposed to jumble text so that the output is readable by humans.

            You’re taking investment advice from a parrot that had the entirety of reddit investment meme subreddits beamed into its brain.

            • ClamDrinker@lemmy.world
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              3 hours ago

              That’s a very short example, but it is a new arrangement of the existing information. It’s not a new valuable arrangement of information, but new nonetheless. And yes, rearrangement is transformation. It’s very low entropy transformation, but transformation nonetheless. Collages and summaries are in fact, a thing that humans make too.

              Unless you mean “new” as in, something nobody’s ever written before, in which case not even you can create new information, since pretty much everything you will ever say or write down can be broken down into pieces that have been spoken or written before, which is not exactly a useful distinction.

              There’s no transformation, it’s not capable of transformation, it’s just a very complicated text jumbler that’s supposed to jumble text so that the output is readable by humans.

              Saying it doesn’t make it true, especially when you follow it up with a self-debunk by saying it transforms the text by jumbling it in specific ways that keep it readable to humans, which requires transformation as like you just demonstrated, randomly swapping words does not make legible text…

              You’re taking investment advice from a parrot that had the entirety of reddit investment meme subreddits beamed into its brain.

              ???