How have they gotten the "Studio Ghibli" look into the training data? Have they actually bought all the movies, or how does it work?
Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
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Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#92Earlier quoted context omitted.
Embedding other people's work in a vector space, then sampling from the distribution at a different point in the vector space, is not a central member of the "transformative" category. The justifications for allowing transformative uses do not apply to it.
That does seem to be the plurality opinion yes. But you are responding to someone saying that what counts as transformative hasn't been decided by saying that you have decided. We don't know how human brains do it. What if we found that humans actually do it in the same way? Would that alter the dialog, or should we still give preference to humans? If we should, why should we?
We know that humans don't – or, at least, aren't limited to this approach. A quick perusal of an Organization for Transformative Works project (e.g. AO3, Fanlore) will reveal a lot of ideas which are novel. See the current featured article on Fanlore (https://fanlore.org/wiki/Stormtrooper_Rebellion), or the (after heavy filtering) the Crack Treated Seriously tag on AO3 (https://archiveofourown.org/works?work_search[sort_column]=k...). You can't get stuff like this from a large language model.
Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#93Earlier quoted context omitted.
That does seem to be the plurality opinion yes. But you are responding to someone saying that what counts as transformative hasn't been decided by saying that you have decided. We don't know how human brains do it. What if we found that humans actually do it in the same way? Would that alter the dialog, or should we still give preference to humans? If we should, why should we?
> or should we still give preference to humans? If we should, why should we? Because of the scaling abilities of a human brain, you cannot plug more brains into a building to pump out massive amounts of transformative work, it requires a lot for humans to be able to do it which creates a natural limit to the scale it's possible. Scale and degree matter even if the process is 100% analogous to how humans do it, the na…
Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#94I am still torn on this issue. On the one hand, it feels like a copyright violation when other people's works are used to train an ML model. On the other hand, it is not a copyright infringement if I paint a picture in the Studio Ghibli style myself. The question is whether removing a ‘skill requirement’ for replication is sufficient grounds to determine a violation.
I believe the case is that you're welcome to paint a picture perfectly copying Studio Ghibli, but you cannot sell it. You're welcome to even take the style and add enough personal creativity that it becomes a different work and sell that, but only if a random on the street doesn't look at it and say "wow, what Studio Ghibli film is that from?". That's the problem here, there's no creative input apart from the prompt,…
Technically, you can't, but there's no way to enforce copyright infringement on private work.
You can paint a Studio Ghibli-style painting -- the style isn't protected.
These rules assume that copying the style is labor intensive, and righteously rewards the worker.
When an LLM can reproduce thousands and thousands of Ghibli-style paintings effortlessly, not protecting the style seems less fair, because the work of establishing the Ghibli-style was harder than copying it large-scale.
I'm in the "don't fight a roaring ocean, go with the flow" boat:
If your entire livelihood depends on having the right to distribute something anyone can copy, get a stronger business.
Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#95I am still torn on this issue. On the one hand, it feels like a copyright violation when other people's works are used to train an ML model. On the other hand, it is not a copyright infringement if I paint a picture in the Studio Ghibli style myself. The question is whether removing a ‘skill requirement’ for replication is sufficient grounds to determine a violation.
I believe the case is that you're welcome to paint a picture perfectly copying Studio Ghibli, but you cannot sell it. You're welcome to even take the style and add enough personal creativity that it becomes a different work and sell that, but only if a random on the street doesn't look at it and say "wow, what Studio Ghibli film is that from?". That's the problem here, there's no creative input apart from the prompt,…
Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#96Earlier quoted context omitted.
I believe the case is that you're welcome to paint a picture perfectly copying Studio Ghibli, but you cannot sell it. You're welcome to even take the style and add enough personal creativity that it becomes a different work and sell that, but only if a random on the street doesn't look at it and say "wow, what Studio Ghibli film is that from?". That's the problem here, there's no creative input apart from the prompt,…
Your belief is incorrect. There's no copyright law that is dependent on whether someone is made for selling or not.
Two of the four core tests for fair use hinge on this.
1. Purpose and character of the use. With emphasis on whether the copy was made for commercial use.
4. Effect on the work's value, and the creator's ability to exploit their work.
---
Both can be dramatically impacted by the intent of the copy, usually with enforcement and punishment also being considerably stronger if the copy is being made for commercial gain and not private use.
Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#97Is it possible that the primary liability for OpenAI is trade dress? If you can produce things in (for example) the style of a Studio Ghibli film, such that an ordinary consumer can’t tell if the source is Studio Ghibli or AI, is that actionable? I feel like I see copyright concerns all the time with AI but rarely is trademark discussed.
Can a style be trademarked? I thought that was what copyright was meant to cover.
Copyright: covers works on publication. Registering it allows for seeking of statutory damages.
Trademark: covers defining characteristics. This can be muddy since defining characteristics are not necessarily the same as style.
It can be especially confusing when certain things become characteristic of a genre. This is mostly what transformer and diffusion models cover: the strongest weights will be what's most common in the training data. You get a lot of em dashes and heroes in colorful outfits, but they don't constitute a violation on their own in any modern model unless the operator of the model goes out of their way to violate.
Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#98Earlier quoted context omitted.
Hah, hilarious this is being unironically used, this was a lame ad old people they put out against piracy, and widely mocked by Millenials in the early 2000s. We've have always known we should harvest the internet for absolutely everything. If we don't, it's fine, we can squabble about our IP and China will just ingest the entire Internet, make a model out of it, then release the Ghiblifier and we'll all download it…
Totally agree! Probably not as much a generational thing ("old people", versus "Millennials" or really, Gen X at that time), as just a tone-deaf shaming attempt by our corporate overlords.
Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#99Earlier quoted context omitted.
Your belief is incorrect. There's no copyright law that is dependent on whether someone is made for selling or not.
This is incorrect. Two of the four core tests for fair use hinge on this. 1. Purpose and character of the use. With emphasis on whether the copy was made for commercial use. 4. Effect on the work's value, and the creator's ability to exploit their work. --- Both can be dramatically impacted by the intent of the copy, usually with enforcement and punishment also being considerably stronger if the copy is being made fo…
Re: Studio Ghibli, Bandai Namco, Square Enix Demand OpenAI to Stop Using Their IP
#100Earlier quoted context omitted.
I believe the case is that you're welcome to paint a picture perfectly copying Studio Ghibli, but you cannot sell it. You're welcome to even take the style and add enough personal creativity that it becomes a different work and sell that, but only if a random on the street doesn't look at it and say "wow, what Studio Ghibli film is that from?". That's the problem here, there's no creative input apart from the prompt,…
> I believe the case is that you're welcome to paint a picture perfectly copying Studio Ghibli, but you cannot sell it. Technically, you can't, but there's no way to enforce copyright infringement on private work. You can paint a Studio Ghibli-style painting -- the style isn't protected. These rules assume that copying the style is labor intensive, and righteously rewards the worker. When an LLM can reproduce thousan…
or even better: if you make art, get a stronger business
or maybe simply: stop making art