I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.
please argue. please do not remove.
Selling an AI model (or usage of that model) that allows for producing works that are clearly based upon those copyrighted works and would be considered copyright infringement if a person did the same thing is not fair use.
If a person creating the same thing as generative AI would be infringing, then it isn’t magically not infringing because it is on the internet or done by a program. Basically, AI needs to follow the same rules and restrictions as a person would. That does mean that the AI also needs to be trained to not create copyright infringing works if the use of the AI is being sold.
As a downloadable model that anyone can use at no cost? Sure, whatever is fine. Then it is on the person who uses it and tries to infringe. But if someone pays a company to use their AI to create infringing work, that is on the company and they are just as at fault as if they sold T shirts that infringed on copyright.
no one is arguing otherwise.
no it doesn’t.
wrong.
it is.
I think you might want to elaborate
instead of making 4 replies in 3 minutes
each averaging
2.75 words
I don’t see how selling a model or the use of a model infringes on a specific copyright. whose copyright has been infringed? how can you prove that? take AI out of the question. if you wanted to prove that some other author has infringed the copyright on your novel, how would you do that? if you want to prove that some quote unquote artist has infringed on your copyright, how would you do that? if any of your methods for proving that a person has infringed on your copyright is applicable to an AI, then that’s what that is. but if you can’t prove it, if the AI just learned about how style works, if an AI just saw your work but never actually copied it, then it’s not infringing.
this is irrelevant to the truth of my claim.
Yes, but at the time I wrote my reply there was no truth replied by you, only what can be summarized as “no”.
I presented exactly as much justification for my claims as the people to whom I was responding.
Again, right now, yes, but when I wrote that, no.
wrong.
This is why we don’t feed trolls
I’m sorry, are you saying that selling a book that has the same characters as a recently released book doing the same things but with wording differences is somehow fair use? Like a book called Harry Potter and the Something Rock with the exact same plot points but worded slightly different is fair use?
Do you even understand what copyright is?
no. I was saying selling an AI model or access to it that is capable of producing that work is not, itself, copyright infringement.
in fact, do you know what a clean room is? if I provided to a writing team every English language work except those written by JK Rowling and it produced a work exactly like you’re describing, The resultant work would not be infringing copyright. it should not be any different for AI where you cannot prove what materials it was provided.
Copyright doesn’t care if the writer is unaware of the source material because intent doesn’t matter.
intent does matter for fair use claims, and knowledge matters for bare infringement.