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Judge rejects most ChatGPT copyright claims from book authors

arstechnica.com

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Re: Judge rejects most ChatGPT copyright claims from book authors

#11
I have a more general question. Say I read a science fiction book which has descriptions of some futuristic technologies. I get inspired by it and spend lot of my time and energy becoming an expert in the required engineering and technologies and invent a machine/process to make that futuristic technology a reality. If I attempt to commercialize my work, can I get sued for copyright infringement by the author(s) of the science fiction book that originally described this technology?

Re: Judge rejects most ChatGPT copyright claims from book authors

#12
post #9

Earlier quoted context omitted.

Yeah agreed, and also the general direction this is heading in feels a bit strange to me - we can debate the merits of current copyright law - but the indisputable fact is that the training material came from *pirated* copies of these author’s copyrighted works. If we are to believe the much used arguments against piracy that we’ve been fed over the last 30+ years (mainly by deep pocketed media companies) then piracy…

The piracy argument can be fixed by OpenAI buying one copy of each work. The overall question of whether they're allowed to train on copyrighted material without permission seems much larger and more interesting.

Can you even buy a digital copy of most recent work that doesn't come with Terms & Conditions attached? A physical book is one thing but it's really hard to buy digital media without agreeing to strict terms, often allowing access to the media to be revoked post-sale (what would that even mean after you use it to train a model?)

I've assumed for a while that avoiding the nightmare of all those different agreements was one of the main reasons they chose to pirate the works instead.

Re: Judge rejects most ChatGPT copyright claims from book authors

#13
post #11

I have a more general question. Say I read a science fiction book which has descriptions of some futuristic technologies. I get inspired by it and spend lot of my time and energy becoming an expert in the required engineering and technologies and invent a machine/process to make that futuristic technology a reality. If I attempt to commercialize my work, can I get sued for copyright infringement by the author(s) of t…

i'm pretty sure this is allowed as Transformative Use (in the usa) (unless the science fiction book was full of patented inventions still covered by patent law then i think maybe you're no longer in the clear.)

https://en.wikipedia.org/wiki/Transformative_use

Re: Judge rejects most ChatGPT copyright claims from book authors

#14
post #11

I have a more general question. Say I read a science fiction book which has descriptions of some futuristic technologies. I get inspired by it and spend lot of my time and energy becoming an expert in the required engineering and technologies and invent a machine/process to make that futuristic technology a reality. If I attempt to commercialize my work, can I get sued for copyright infringement by the author(s) of t…

Copyright protects the expression of an idea, such as a series of words or chords. You’d be fine.

Patents protect the implementation of an idea, so you’d be fine.

There is no IP protection for the abstract idea of doing something, and that is as it should be.

Re: Judge rejects most ChatGPT copyright claims from book authors

#15
post #11

I have a more general question. Say I read a science fiction book which has descriptions of some futuristic technologies. I get inspired by it and spend lot of my time and energy becoming an expert in the required engineering and technologies and invent a machine/process to make that futuristic technology a reality. If I attempt to commercialize my work, can I get sued for copyright infringement by the author(s) of t…

Copyright doesn't protect ideas, only specific texts and images.

In general there are copyrights, trademarks, design patents and utility patents, all protecting different things under different conditions. They are not interchangeable.

Re: Judge rejects most ChatGPT copyright claims from book authors

#16
post #9

Earlier quoted context omitted.

Yeah agreed, and also the general direction this is heading in feels a bit strange to me - we can debate the merits of current copyright law - but the indisputable fact is that the training material came from *pirated* copies of these author’s copyrighted works. If we are to believe the much used arguments against piracy that we’ve been fed over the last 30+ years (mainly by deep pocketed media companies) then piracy…

The piracy argument can be fixed by OpenAI buying one copy of each work. The overall question of whether they're allowed to train on copyrighted material without permission seems much larger and more interesting.

If learning from a purchased, copyrighted work is illegal, colleges are in real trouble. Textbook publishers will be thrilled though: this book is $200 to read, but you need an additional license to learn anything from it.

Re: Judge rejects most ChatGPT copyright claims from book authors

#18
post #11

I have a more general question. Say I read a science fiction book which has descriptions of some futuristic technologies. I get inspired by it and spend lot of my time and energy becoming an expert in the required engineering and technologies and invent a machine/process to make that futuristic technology a reality. If I attempt to commercialize my work, can I get sued for copyright infringement by the author(s) of t…

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