this post was submitted on 10 Jul 2023
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People keep taking issue with this articles use of "summarizing" and linking to wikipedia... Summaries of copyrighted work are obviously not illegal.
This article is oversimplified and does a crummy job of explaining the problem. Ars Technica does a much better job explaining.
The fact that the ai can summarize these works in detail is proof that they were trained using copyrighted material without permission, (which is not fair use) Sarah Silverman is obviously not going to be hurt financially by this, but there are hundreds of thousands of authors who definitely will be affected. They have every right to sue.
Why does "fair use" even fall into it? I'm not familiar with their specific license, but the general definition of copyright is:
Nothing was copied, or distributed (in a form that anybody can consider "The Work"), or displayed, or performed. The only possible legal argument they have is adapting as a derivative work. And anybody who is familiar with how an LLM works knows that the form that results from reading in content is completely different from the source.
LLMs/LDMs are not taking in billions of books and putting them into a database. It is a very lossy process. Out of all of the billions of images trained from the Stable Diffusion database, the resulting model is 4 GBs. There is no universe where you can store billions of images into a mere 4 GBs. Stable Diffusion cannot and will not, pixel-by-pixel, reproduce a Van Gogh. It can make something that kind of looks like a Van Gogh, but styles are not copyrightable.
The same applies to an LLM like ChatGPT. It cannot reproduce entire books, or anywhere close to that. If you ask it to recreate Page 25 of Silverman's book, it can't do it. If it doesn't even contain a minor portion of the original material, it can't even be considered a derivative work.
They don't have a case. They have a lot of publicity and noise, but they will lose to inevitability.
You make a lot of excellent points, but I think the main issue of contention is just using copyrighted work to train generative AI without the author's permission regardless.
If they did ask permission, there would be no problem. But an author or artist should be given the choice if their work is going to be used to train an AI.
You must define that in legal terms. This is a lawsuit, after all. It's not illegal to "just use" copyrighted work. The words "generative AI" are not in a federal or state bill anywhere in the US.
They can have an "issue of contention" all they want, but if they can't prove anything legally, they have nothing.
Exactly! You can't just be like "AI bad" in front of the judge ._.