this post was submitted on 09 Jul 2023
500 points (97.0% liked)
Technology
59559 readers
3772 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related content.
- Be excellent to each another!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, to ask if your bot can be added please contact us.
- Check for duplicates before posting, duplicates may be removed
Approved Bots
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
The current (at least in the US) laws do cover work that isn't created by a human. It's well-tread legal ground. The highest profile case of it was a monkey taking a photograph: https://en.m.wikipedia.org/wiki/Monkey_selfie_copyright_dispute
Non-human third parties cannot hold copyright. They are not afforded protections by copyright. They cannot claim fair use of copyrighted material.
I meant in the opposite direction. If I teach an elephant to paint and then show him a Picasso and he paints something like it am I the one violating copyright law? I think currently there is no explicit laws about this type of situation but if there was a case to be made MY intent would be the major factor.
The 3rd party copying we see laws around are human driven intent to make exact replicas. Photocopy machines, Cassette/VHS/DVD duplication software/hardware, Faxes, etc. We have personal private fair use laws but all of this about humans using tools to make near exact replicas.
The law needs to catch up to the concept of a human creating something that then goes out and makes non replica output triggered by someone other than the tool's creator. I see at least 3 parties in this whole process:
If the data fed to the AI was all gathered by legal means, lets say scanned library books, who is in violation if the content output were to violate copyright laws?
These are questions that, again, are tread pretty well in the copyright space. ChatGPT in this case acts more like a platform than a tool, because it hosts and can reproduce material that it is given. Again, US only perspective, and perspective of a non-lawyer, the DMCA outlines requirements for platforms to be protected from being sued for hosting and reproducing copyrighted works. But part of the problem is that the owners of the platforms are the parties that are uploading, via training the MLL, copyrighted works. That automatically disqualifies a platform from any sort of safe harbor protections, and so the owners of the ChatGPT platform would be in violation.