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Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

writings.hongminhee.org

251–260 of 623 posts

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#251

Someone should put this to the test. Take the recently leaked Minecraft source code and have Copilot build an exact replica in another programming language and then publish it as open source. See if Microsoft believes AI is copyright infringement or not.

This was not about legality.

> That question is this: does legal mean legitimate?

Just because something is legal does not mean it's moral thing to do.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#252

Earlier quoted context omitted.

You might wish that were true, but there are very strong arguments it's not. Training on copyleft licensed code is not a license violation. Any more than a person reading it is. In copyright terms, it's such an extreme transformative use that copyright no longer applies. It's fair use. But agreed that we're waiting for a court case to confirm that. Although really, the main questions for any court cases are not going…

A human reading a unit of work is not a “copy”. I’m pretty sure our legal systems agree that thought or sight is not copying something. Training an LLM inherently requires making a copy of the work. Even the initial act of loading it from the internet and copying it into memory to then train the LLM is a copy that can be governed by its license and copyright law

> Training an LLM inherently requires making a copy of the work.

But that's not relevant here. Because the copyleft license does not prohibit that (and it's not even clear that any license can prohibit it, as courts may confirm it's fair use, as most people are currently assuming). That's why I noted under (1) that it's not applicable here.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#253
post #162

The really interesting question to me is if this transcends copyright and unravels the whole concept of intellectual property. Because all of it is premised on an assumption that creativity is "hard". But LLMs are not just writing software, they are rapidly being engineered to operate completely generally as knowledge creation engines: solving math proofs, designing drugs, etc. So: once it's not "hard" any more, does…

More likely: this is a transitional phase where our previously hard problems become easy, and we will soon set our sights on new and much harder problems. The pinnacle of creative achievement in the universe is probably not 2010s B2B SaaS.

It is entirely possible, however, that human beings will not be the primary drivers of progress on those problems.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#254
I think the direction we are going, the GPL is going to fade away. I think people will look at this like writing a book and claiming the ideas in the book cannot be copied. This debate is not that different from the ones going on in the music industry. I open sourced my latest software as Apache 2.0 after debating a lot about this. Unless the FSF wins in court in the next <=2-3 years, there is no coming back from this.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#255

Someone should put this to the test. Take the recently leaked Minecraft source code and have Copilot build an exact replica in another programming language and then publish it as open source. See if Microsoft believes AI is copyright infringement or not.

This was not about legality. > That question is this: does legal mean legitimate? Just because something is legal does not mean it's moral thing to do.

this question should've been posed earlier when first LLMs were training. many people chose to ignore the question, and now, several distillation epochs later, it is not a question that matters, as both yes/no are true, and not true.

is it legitimate for millions of people to exploit, expound on knowledge that was perhaps, to begin with, not legitimate to use? well they did already, who's to judge the commons now?

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#256

Earlier quoted context omitted.

You might wish that were true, but there are very strong arguments it's not. Training on copyleft licensed code is not a license violation. Any more than a person reading it is. In copyright terms, it's such an extreme transformative use that copyright no longer applies. It's fair use. But agreed that we're waiting for a court case to confirm that. Although really, the main questions for any court cases are not going…

A human reading a unit of work is not a “copy”. I’m pretty sure our legal systems agree that thought or sight is not copying something. Training an LLM inherently requires making a copy of the work. Even the initial act of loading it from the internet and copying it into memory to then train the LLM is a copy that can be governed by its license and copyright law

I think you are confusing two different meanings of the word ‘copy’. The fact that a computer loads it into memory does not make it automatically a ‘copy’ in the copyright sense.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#257
post #214

Earlier quoted context omitted.

You might wish that were true, but there are very strong arguments it's not. Training on copyleft licensed code is not a license violation. Any more than a person reading it is. In copyright terms, it's such an extreme transformative use that copyright no longer applies. It's fair use. But agreed that we're waiting for a court case to confirm that. Although really, the main questions for any court cases are not going…

> Training on copyleft licensed code is not a license violation. Any more than a person reading it is. Some might hold that we've granted persons certain exemptions, on account of them being persons. We do not have to grant machines the same. > In copyright terms, it's such an extreme transformative use that copyright no longer applies. Has the model really performed an extreme transformation if it is able to produce…

>Has the model really performed an extreme transformation if it is able to produce the training data near-verbatim? Sure, it can also produce extremely transformed versions, but is that really relevant if it holds within it enough information for a (near-)verbatim reproduction?

I feel as though, from an information-theoretic standpoint, it can't be possible that an LLM (which is almost certainly <1 TB big) can contain any substantial verbatim portion of its training corpus, which includes audio, images, and videos.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#258

Someone should put this to the test. Take the recently leaked Minecraft source code and have Copilot build an exact replica in another programming language and then publish it as open source. See if Microsoft believes AI is copyright infringement or not.

They might not care. Products win not by quality or features but by advertisement, hype and network effects. The original implementation would still have the upper hand here. OTOH if I as a nobody create something cool, there's nothing stopping a huge corporation from "reimplementing" (=stealing) it and and using their huge advertising budget to completely overshadow me. And that's how they like it.

Given how hard companies like Nintendo and Microsoft have been taking down leaks or fan creations, it seems they very much do care about keeping this stuff locked down.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#259

Earlier quoted context omitted.

AI models have already looked at the source of GPL software and contain it in their dataset. Adding the minecraft source to the mix wouldn't seem much different. Of course art assets and trade marks would have to be replaced. But an AI "clean room" implementation has yet to be legally tested.

That's why he is saying it's not equivalent. For it to be the same, the LLM would have to train on/transform Minecraft's source code into its weights, then you prompt the LLM to make a game using the specifications of Minecraft solely through prompts. Of course it's copyright infringement if you just give a tool Minecraft's source code and tell it to copy it, just like it would be copyright infringement if you used a…

Is there a legal distinction between training, post-training, fine tuning and filling up a context window?

In all of these cases an AI model is taking a copyrighted source, reading it, jumbling the bytes and storing it in its memory as vectors.

Later a query reads these vectors and outputs them in a form which may or may not be similar to the original.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#260

Earlier quoted context omitted.

> It's transformative, so no. I'm not following your logic there, and I don't see any mention of "transformative" in the license. Can you explain what you mean?

Sorry, I misspoke. Transformation is what makes the LLM itself legal -- its training data is sufficiently transformed into weights. And so, a work being sufficiently transformative is one way in which copyright no longer applies, but that's not the case here specifically. The specific case here is essentially just a clean-room reimplementation (though technically less "clean", but still presumably the same legally).…

That's interesting, but it misses my point:

The library's test suite and interfaces were apparently used directly, not transformed. If either of those are considered part of the library's source code, as the license's wording seems to suggest, then I think output from their use could be considered a work based on the library as defined in the license.

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