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

writings.hongminhee.org

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

#561
post #516

Earlier quoted context omitted.

Do we? Even when people attempt to jail break most models with 1000s of prompts they are only able to get a paragraph or two of well known copyrighted works and some blocks of paraphrased text, and that's with giving it a substantially leading question.

It surely doesn't matter how leading or contorted the prompt has to be if it shows that the model is encoding the copyrighted work verbatimly or nearly so.

It definitely does, which is why I put substantial amount of verbatim material. If someone can recite the first paragraph of Harry Potter and the sorcerers stone from memory, it surely doesn't mean they have memorized the entire book.

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

#562

Earlier quoted context omitted.

> If LLMs are not derivative works of the training data then why is so much training data needed? If you went to school for 12-16 years, that's a lot of training. Does that mean anything you produce is a derivative work?

I see this argument sometimes and it's annoying because: 1) People phrase it as a question even when they've already made up their mind (whether that's your case or not). 2) It implicitly assumes that humans and algorithms are the same. They are not - humans have rights and free will, algorithms don't. Humans cannot be bought or sold, etc. To your question: a) If you're asking whether teachers should get compensated…

> It implicitly assumes that humans and algorithms are the same. They are not - humans have rights and free will, algorithms don't. Humans cannot be bought or sold, etc.

I don't think that's a necessary condition for that argument. You're making the implicit assumption that humans are special snowflakes and anything that we do cannot be replicated by computers, in any form. That's a very strong position to make without evidence. Is an LLM even an algorithm in the traditional sense? Is human cognition not an algorithm of some sort? I studied cogitative science decades ago and these questions weren't clear then, they're certainly even less clear now.

It's also somewhat begs the question; this isn't even relevant to what we are talking about. Whether something is a derivative work or not does not require this discussion.

Teachers are not relevant to conversation. You can learn by reading books, watching TV, using and reading software. Basically all of copyrighted and non-copyrighted human expression is available for you to consume and then creatively produce your own works using that knowledge.

> Do you think people should be compensated for the full transitive value of their work?

The short answer is no. Not everything that someone simply dreams up can or should be monetized forever when sampled by other people. That sounds like a radical position but actually the current state of "intellectual property" has only existed for an extremely brief bit of human history. What has most greatly shaped our culture and knowledge has been effectively free for anyone to use, modify, and reproduce for hundreds of years.

That's not to say I don't support copyright as a means to support creative works but I would argue that it's an imperfect system. We're starving human minds of modern culture and knowledge often not even for someone's monetary gain but simply because the system demands it. It's ironic that artificial intelligence might actually free us from these constraints.

I purposefully choose a license (Apache) for my open source work to make it widely and freely available.

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

#563
post #548

Earlier quoted context omitted.

> You infringe copyright every time you download a picture off of a website. You infringe copyright every time you share it with a friend. respectfully yoy have no idea what you are talking about here.

Why don't they, there have been lawsuits over just these behaviors in the past. Hell, even the multiple representations of the picture in computer memory have had to have allowances. Copyright is a gigantic fucking mess that the US has forced over a large chunk of the world.

> there have been lawsuits over just these behaviors in the past

How did they turn out?

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

#564

Earlier quoted context omitted.

There's a couple of different issues here that all get mangled together. If you're producing effectively the same expression that's infringement. You draw Captain America from memory, it's still Captain America, and therefore infringement. If you draw Captain Canada by tracing around Captain America that's also infringement but of a different type. When it comes to software, again it's the expression that matters --…

[flagged]

Clean room is merely a defence in case you get sued by someone saying that you copied the work. It's not legally necessary.

If the presumption is that LLM training, despite reading all the source code of everything everywhere, ultimately doesn't actually contain that source code (in a compressed form) then that is the significant bit.

If training is truly doing something transformative, maybe even a machine analogy to human learning, then anything produced directly by that LLM without another work in it's context is an entirely new work. That's all that is important.

> I think the practical answer is that clean room as a legal concept was designed for a world where reimplementation was expensive and intentional.

Whether or not it's expensive or intentional is immaterial. It always was and it's still true now. All that matters is that the actual expression, the real source code, is not copied. Clean room is just one way to have evidence that you didn't copy.

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

#565

Earlier quoted context omitted.

Reset it back to 20 years and make that a hard limit for both patents and copyright. No renewals. Zero exceptions. Let the market sort the rest out. There's always going to be downsides and edgecases when granting any party a monopoly over anything. At least if it's limited to 2 decades any unintended consequences, philosophical objections, and etc are hopefully kept within reason.

That would be insane for aerospace software, where you might spend most of that time getting the code certified (required to break the $0 revenue threshold), let alone paying back your costs and then making an actual profit. Meanwhile, there are cases where copyright of more than 2 years is overkill. I don't know what, but it seems like we need some sort of mechanism for variable-length IP duration is needed.

Wait for the great new times when an AI will certify aerospace, automotive and medical SW. Waiting for that. It will be 1000x better and faster than the existing processes

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

#566

> If source code can now be generated from a specification, the specification is where the essential intellectual content of a GPL project resides. Our foreparents fought for the right to implement works-a-like to corporate software packages, even if the so-called owners did not like it. We're ready to throw it all away, and let intellectual property owners get so much more control. The implications will not end up b…

It'd be interesting (earnestly!) to see someone make a solid case for AI reimplementation being bad but that the original (afaik) "clean room" project, Compaq's reimplementation of IBM's PC BIOS (something most people seem to see as a righteous move toward openness and freedom), was good.

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

#567

Earlier quoted context omitted.

Token prediction is a form of "learning" that is reinforced by the goal of reproducing the correct next token of the work, rather that acquiring ideas and concepts. For instance, given the prefix "Four score and seven years", the weights are adjusted until "ago" is correctly predicted, which is a fancy way of saying that it was stored in the model in a lossy way. The model "learned" that "ago" follows "four score and…

Only because that quote is famous. As you said, it's lossy. Try it with any other distinctive but non-famous passage, and you won't get a correct prediction for the immediately following clause, much less for multiple sentences or paragraphs. That's the case even when an LLM correctly identifies which book the prompted text is from. It still won't accurately continue on from some arbitrary passage. By the time you as…

Machine translations do not contain a literal quote of the source material, yet are covered by copyright. For instance, binary executables do not quote the source code.

I predict that the LLM will be regarded as a binary-like machine translation of the source materials.

Lossiness is a red herring. You can't claim that a JPEG photograph doesn't violate copyright because JPEG is lossy.

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

#568

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. In copyright terms, it's such an extreme transformative use that copyright no longer applies. It's fair use. This is just an assertion that you're making. There's no argument here. I'm aware that this is also an assertion that some judges have made. My claim is that LLMs are not human, therefore when you apply words…

> This is just an assertion that you're making. There's no argument here.

...OK? Was somebody asking me for an "argument"? I'm just stating how things are currently understood.

> And it's no more "transformative" than rar'ing or zipping the code, then unzipping it.

That's obviously false, so I'm not sure what to tell you.

> but if I sample 2-6 second snatches from 10 different songs, put them through over 9000 filters and blend them into a new work, I owe money to everyone involved

You don't, actually, if they're no longer recognizable -- which they wouldn't be after "9000 filters". I don't know where you got that idea that you'd still owe money. And I've certainly never heard of an audio filter license that was contingent on commerical distribution.

> This doesn't mean anything. This is a meaningless arrangement of words.

Statistics are meaningful. Obviously you need to look at the actual identical lines. But if they're a bunch of trivial things like initializing variables with obvious names, then they don't count for much. And if you're adhering to the same API, you would expect to have some small percentage of lines happen to match. So the fact that this is hugely significant as a first step of analysis.

I suggest you might find conversations here on HN more productive if you soften your tone a bit. Saying things like "this is just an assertion that you're making" or "this is a meaningless arrangement of words" is not generally going to make people want to respond to you.

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

#569
post #548

Earlier quoted context omitted.

Why don't they, there have been lawsuits over just these behaviors in the past. Hell, even the multiple representations of the picture in computer memory have had to have allowances. Copyright is a gigantic fucking mess that the US has forced over a large chunk of the world.

> there have been lawsuits over just these behaviors in the past How did they turn out?

It depends if you count the ones that were settled behind NDAs with large companies with unknown amounts being paid out that are ticking time bombs waiting to go off in the future.

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

#570
post #359
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…

Copyright is about originality and expression, not effort. US copyright law does not use "Sweat of the Brow" doctrine.

The labor theory of value is bunk economics anyway.
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