this post was submitted on 22 Dec 2024
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It's all made from our data, anyway, so it should be ours to use as we want

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[–] [email protected] 38 points 1 day ago (4 children)

It could also contain non-public domain data, and you can't declare someone else's intellectual property as public domain just like that, otherwise a malicious actor could just train a model with a bunch of misappropriated data, get caught (intentionally or not) and then force all that data into public domain.

Laws are never simple.

[–] [email protected] 17 points 1 day ago (1 children)

Forcing a bunch of neural weights into the public domain doesn't make the data they were trained on also public domain, in fact it doesn't even reveal what they were trained on.

[–] [email protected] 13 points 1 day ago (1 children)

So what you're saying is that there's no way to make it legal and it simply needs to be deleted entirely.

I agree.

[–] [email protected] 4 points 1 day ago (2 children)

There's no need to "make it legal", things are legal by default until a law is passed to make them illegal. Or a court precedent is set that establishes that an existing law applies to the new thing under discussion.

Training an AI doesn't involve copying the training data, the AI model doesn't literally "contain" the stuff it's trained on. So it's not likely that existing copyright law makes it illegal to do without permission.

[–] [email protected] 1 points 1 day ago (1 children)

There’s no need to “make it legal”, things are legal by default until a law is passed to make them illegal.

Yes, and that's already happened: it's called "copyright law." You can't mix things with incompatible licenses into a derivative work and pretend it's okay.

[–] [email protected] 1 points 1 day ago

You have to copy something before copyright law applies.

[–] [email protected] 1 points 1 day ago (3 children)

By this logic, you can copy a copyrighted imege as long as you decrease the resolution, because the new image does not contain all the information in the original one.

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

Am I allowed to take a copyrighted image, decrease its size to 1x1 pixels and publish it? What about 2x2?

It's very much not clear when a modification violates copyright because copyright is extremely vague to begin with.

[–] [email protected] 3 points 1 day ago (1 children)

Just because something is defined legally instead of technologically, that doesn't make it vague. The modification violates copyright when the result is a derivative work; no more, no less.

[–] [email protected] 2 points 1 day ago (1 children)

What is a derivative work though? That's again extremely vague and has been subject to countless lawsuits seeking to determine the bounds.

[–] [email protected] 3 points 1 day ago (1 children)

If your work depends on the original, such that it could not exist without it, it's derivative.

I can easily create a pixel of any arbitrary color, so it's sufficiently transformative that it's considered a separate work.

The four fair use tests are pretty reliable in making a determination.

[–] [email protected] 2 points 1 day ago (1 children)

The issue with this definition is that it's overly broad. For instance, a hash of a picture could not exist without that picture. Nor do certain downscalings, like 2x2, 3x3 or 4x4. There must be an exact pixel value you can legally downscale any image to without violating copyright. Similarly, there is a point where creating a book's synopsis starts violating copyright and where a song sounds too similar to another one.

And based on their size, LLMs - in my opinion - cannot possibly violate copyright for their source material because they couldn't possibly store more than a couple of bits per work. Only works that occue frequently in the training data can actually be somewhat reproduced by LLMs.

By the way, fair use doesn't even exist in every - including my - jurisdiction.

This has lead to people being successfully sued for copyright infringement because they posted pictures of their home online that contained a copyrighted wallpaper in the background.

[–] [email protected] 2 points 1 day ago* (last edited 1 day ago)

I'm in the US, as are most of these companies, so that's generally what's being discussed here. I don't have any experience with other countries' copyright law.

But for the US, it's intentional that there isn't an exact objective threshold. The fair use tests are subjective, to allow use of a copyrighted work in artistic and other non-commercial uses. And, as you mentioned, incidental inclusions in personal photos.

[–] [email protected] 2 points 1 day ago

More like reduce it to a handful of vectors that get merged with other vectors.

[–] [email protected] 0 points 1 day ago (1 children)

In the case of Stable Diffusion, they used 5 billion images to train a model 1.83 gigabytes in size. So if you reduce a copyrighted image to 3 bits (not bytes - bits), then yeah, I think you're probably pretty safe.

[–] [email protected] 2 points 1 day ago (1 children)

Your calculation is assuming that the input images are statistically independent, which is certainly not the case (otherwise the model would be useless for generating new images)

[–] [email protected] 2 points 1 day ago

Of course it's silly. Of course the images are not statistically independent, that's the point. There are still people to this day who claim that stable diffusion and its ilk are producing "collages" of their training images, please tell this to them.

The way that these models work is by learning patterns from their training material. They learn styles, shapes, meanings. None of those things are covered by copyright.

[–] [email protected] 7 points 1 day ago

It wouldn't contain any public-domain data though. That's the thing with LLMs, once they're trained on data the data is gone and just added to the series of weights in the model somewhere. If it ingested something private like your tax data, it couldn't re-create your tax data on command, that data is now gone, but if it's seen enough private tax data it could give something that looked a lot like a tax return to someone with an untrained eye. But, a tax accountant would easily see flaws in it.

[–] [email protected] 4 points 1 day ago