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OpenAI will crush Sarah Silverman

26 点作者 ejz将近 2 年前

8 条评论

twoodfin将近 2 年前
I don&#x27;t think this legal analysis is correct. The most actionable copyright problem isn&#x27;t anything that OpenAI&#x27;s models do in <i>generating</i> content (whether you consider it transformative or otherwise). The problem is that in <i>creating</i> the model, OpenAI&#x27;s developers had to copy (into GPU memory, at least) creative works protected by copyright. That copy was not fair use under any of the long-established criteria.<p>The closest precedent is probably the 9th Circuit&#x27;s ruling in <i>MAI Systems</i>[1]. Given the Supreme Court&#x27;s recent ruling against the estate of Andy Warhol, I&#x27;d bet on them endorsing the key holdings of that precedent in a hypothetical <i>Silverman v. OpenAI</i>.<p>[1] <a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;MAI_Systems_Corp._v._Peak_Computer,_Inc" rel="nofollow noreferrer">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;MAI_Systems_Corp._v._Peak_Comp...</a>.
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dkjaudyeqooe将近 2 年前
This article is simplistic and wrong. It&#x27;s not enough to simply transform the copyright material, it&#x27;s not a panacea. The existing copyright code provides a fair use doctrine that is sufficient for this novel use, and you really only need to change the law if you want to take away copyright protections.<p>From my previous comment:<p>Given the potential economic impact on the original artist, the mechanical nature of the transformation and the fact that extracting the style of an artist&#x27;s work could be deemed substantive, fair use is not in the least bit a slam dunk.<p>One could argue that use of this sort of AI robs the original artist of the fruits of their labour, neutering copyright protections, and produces works that substitute for the originals, without adding any creative input other than commanding the output from a machine. Given the intent of copyright law, judges would likely be receptive to this argument.
ctoth将近 2 年前
I&#x27;m pretty sure this doesn&#x27;t address the key point, that OpenAI and others apparently used a giant dump of pirated epubs as one of their training sources.
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jaredcwhite将近 2 年前
Do people have the right to stipulate they don&#x27;t want their original creative works ingested by an algorithm and then regurgitated out on a prompt thereby benefitting the corporation who owns the algorithm and not the original artist?<p>I think they do. And whether or not this particular case is won by Silverman is ultimately irrelevant. Society will have its day in court, and eventually this madness of so-called &quot;AI&quot; stealing our labor will be stopped one way or another.
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8chanAnon将近 2 年前
Overzealous copyright protection is what you might call a &quot;first-world problem&quot;. Every time a new technology comes along, the copyright defenders get nervous. These people believe that society owes them and owes their ancestors a living into perpetuity. Shakespeare never got paid what he was worth but two-bit comedians like Silverman won&#x27;t let that deter them from demanding more.
mrfinn将近 2 年前
Yet another chapter of the dementia surrounding the current copyright laws. We don&#x27;t tax streets, we don&#x27;t tax public spaces (mostly), but still western societies keep pushing forward the idea that carrying devices in our pockets capable of bearing almost all the available human knowledge (that can be almost instantly cloned), and still selling individual files is a logical concept.
madeofpalk将近 2 年前
&gt; <i>The AI companies are going to wipe the floor with these litigants using copyright law as their towel because it’s basically impossible to argue that machine learning isn’t transformative use.</i><p>The overly aggressive tone of the article is weird from the get go, and it states these (legal) opinions as fact, and never backs them up. From what knowledge or experience does the author draws this from, or is it just the opinion of Generic VC Investor who has investments in affected companies?<p>The author does get one thing right - copyright law is about making copies. Training a model <i>does</i> copy material - it must, it’s how computers work - and the lawsuits allege those copies are unauthorised.
Animats将近 2 年前
Congress can&#x27;t extend the coverage of copyright without limit. The Copyright Clause in the Constitution limits Congress. This is why the US doesn&#x27;t have database copyright or &quot;sweat of the brow&quot; copyright. EU law is different, though. The EU does recognize database copyright.<p>Machine learning tables of weights are probably not copyrightable, but we can&#x27;t be sure until there is more litigation.