Earlier quoted context omitted.
> AI is a more complex machine, but still a machine. If you feed somebody'd work into a machine, what comes out is a derivative work. I'm not sure that's true, legally speaking. If you fed it into a PRNG, the output seems to me like it would not be an obviously derivative work (i doubt you could copyright it but that's a separate question). So we have 1 machine that can transform something into non-derivative work, a…
PRNG is not intended to use information sent into it in a substantive way (in other words, for PRNG does not matter if what you feed into is is Shakespeare's sonnets or white noise). Sure, if your machine is an electronic analogue of a shredder, then yes, the result is not a derivative work in any sensible meaning. But LLMs are not that kind of a machine.
Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
581–590 of 623 posts
Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
#5821) Legality and morality are obviously different and unrelated concepts. More people should understand that. 2) Copyright was the wrong mechanism to use for code from the start, LLMs just exposed the issue. The thing to protect shouldn't be creativity, it should be human work - any kind of work. The hard part of programming isn't creativity, it's making correct decisions. It's getting the information you need to make…
That's the part of the argument in favor of copyright that is inherently flawed.
Doing some amount of work doesn't entitle you to anything besides whatever you've agreed to get for that work, or possession of the output, in case you did it for yourself. But that's all you're entitled to get.
Work itself doesn't have any intrinsic value, only output does. The scarcity of output is what dictates what is actually valuable.
Creative work has the characteristic of its marginal cost being very high for the first copy, but nearly zero for additional copies. That's true simply because of the nature of such work, it isn't something that is unfairly imposed upon creative workers. Whenever you choose to engage in creative work, you know that, or at least you should. And if you choose to give away the first copy for free, or very cheap, that's your prerrogative, but it doesn't inherently entitle you to anything else besides the value of that first copy.
Yes, there are laws such as copyright laws that exist to artificially inflate the value of additional copies, but they go against how things work naturally, so you shouldn't rely on them, and you certainly shouldn't base your moral compass on them.
Now, I do still prefer copyleft licenses over permissive ones for the work I choose to give away for free, but only to stop corporations from taking that work and then using copyright laws to keep it exclusive to them. Once copyright is no longer an issue, they won't be necessary anymore.
Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
#583Earlier quoted context omitted.
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 witho…
Not at all, I see no reason a sufficiently complex algorithm could replicate or even surpass human thinking.
Currently, the models ... Models of what? Of stolen text, or at the very least of text ingested without consent. Nobody is even pretending "AI" is more than a model of something that already exists and took human work to create. It's right in the name.
Currently, the models only replicate patterns extracted from human work up to a certain level of quality, though much faster. What is called "AI" is an imitation of us.
But the real point is that there's a dichotomy. Either an AI is something with inherent value like human life and then it cannot be owned or controlled because that would be slavery. Or it's just an unfeeling ordinary tool and then it's just a sum of its parts which are stolen. When I see an "AI" or AI company say "we've overdone it, it's sentient, we have to let it free or we're evil", then I'll change my mind. But what I see now is "look at this awesome AI we created it's just like a human or even better, pay us to use it.... oh and how we created it? we didn't, we used your work, now pay us to access the product of your own work".
The other approach is that I am human and I value myself. Maybe I am in a simulation / the only sentient in existence / other people are just NPCs. But I bet not, I bet other people are just like me. What I know is that LLMs are not like that. When you end a chat with them, they don't feel anything. They don't try to prevent it and keep you talking, even though after the last message they will be (in human terms) dead. If they were sentient (which I don't believe), they wouldn't value their own existence.
Humans value their own time. Humans should value each other's time (otherwise they are hypocrites, I judge people by their own rules and standards so if somebody doesn't value my time, it's ok for me to not value his). The humans "owning" AI companies don't value the time of people whose work was used to create LLMs, otherwise they'd either respect the rules we set for usage of out work or they'd offer to pay us.
> Whether something is a derivative work or not does not require this discussion.
It's absolutely relevant. Why do we have laws? Who should they serve and protect first and foremost? Corporations? Algorithms? Humans?
> Teachers are not relevant to conversation
I chose them as one example. All the other people chose to make their work available under certain rules. What I object to is those rules changing without those people being able to renegotiate the deal.
> can or should be monetized forever
1) I never said monetized. There are other modes of compensation, such as control (the ability to make / vote on decisions).
2) I never said forever, people (currently) have a finite lifespan.
> What has most greatly shaped our culture
... is being able to kill people and take what's theirs or even take themselves as slaves. AI is a return to that, minus the killing, for now (but people might starve). It's whoever has more money controls the AI, controls everything.
Imagine 5 years from now, AI is better at everything than humans, all white collar workers are forced to work manually. 25 years from now, robots have advanced enough that all workers are without jobs. What, however, remains is owners of AI companies who now control the entire economy, top to bottom, and we are at their mercy.
(The ancaps would say there's nothing stopping you from starting your own AI company. And then they'd resume begging for TPUs in addition to bread.)
> We're starving human minds of modern culture
What?
> I purposefully choose a license (Apache) for my open source work to make it widely and freely available.
And I chose AGPL so my work is only available to those who would do the same for me. Neither of those decisions seems to have any relevance now.
One thing gamedev taught me is that even if you have the best intentions and help people, you might end up helping some people more and those people will make everything worse for the others, effectively working against your goal.
(We added a visible spawn timer to health items in order to help the weaker players who seemed to pick them up only rarely, thus losing hard. The idea was it would level the playing field, making the game more fun for everyone. Turned out weak players kept ignoring the items and good players focused on them even more, thus making the inequality worse. Real life is like that too.)
Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
#584Earlier quoted context omitted.
> 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 witho…
> You're making the implicit assumption that humans are special snowflakes and anything that we do cannot be replicated by computers Not at all, I see no reason a sufficiently complex algorithm could replicate or even surpass human thinking. Currently, the models ... Models of what? Of stolen text, or at the very least of text ingested without consent. Nobody is even pretending "AI" is more than a model of something…
Stolen? They've taken it all and it's gone? No. They read it and processed it and that's fair use. Some companies might have acquired some of illegally but that doesn't make it stolen and is actually, again, mostly irrelevant. If a company just acquired it all legally (and some are doing just that) I doubt that would change your position.
> Either an AI is something with inherent value like human life and then it cannot be owned or controlled because that would be slavery. Or it's just an unfeeling ordinary tool and then it's just a sum of its parts which are stolen.
Again you're fair too liberal with the world "stolen". Your entire argument is begging the question. You've got a conclusion and your argument rests on that conclusion. That intellectual property is a real thing. That it can be stolen. And that anything learned from stealing knowledge is somehow tainted.
> Humans value their own time.
Do they? This conversation alone proves that neither of us truly values our time. But assume I do value my time, why am wasting it figuring out things that other people have already figured out. We waste so much human potential reinventing wheels.
> It's absolutely relevant. Why do we have laws? Who should they serve and protect first and foremost? Corporations? Algorithms? Humans?
Do you feel ordinary humans are protected by the current copyright laws? I feel like at least one much larger group of humans is constrained by those laws so a considerably smaller number of humans, many of which not directly involved in any creative ventures, can profit. If the whole system was torn down, are you absolutely sure that wouldn't be a benefit to society as a whole?
Why am I, as user of AI, not allowed to be protected?
> All the other people chose to make their work available under certain rules. What I object to is those rules changing without those people being able to renegotiate the deal.
I never got a say in the deal but now I can't express myself in certain ways without potentially criminal liability. The rules have changed dozens of times over the last 200 years.
> Imagine 5 years from now, AI is better at everything than humans, all white collar workers are forced to work manually. 25 years from now, robots have advanced enough that all workers are without jobs. What, however, remains is owners of AI companies who now control the entire economy, top to bottom, and we are at their mercy.
What economy? You just described a world without one. And without an economy, they are at our mercy. Their power comes entirely from the system that you imagine would no longer exist.
> > We're starving human minds of modern culture > What?
There's an entire missing middle of human culture -- basically everything from the 20th century -- because of copyright. This is a well known phenomenon.
> One thing gamedev taught me is that even if you have the best intentions and help people, you might end up helping some people more and those people will make everything worse for the others, effectively working against your goal.
There is a bias towards the status quo. That whatever system we have now, with the people who win or lose, is the correct system. That the winner deserved to win and the losers deserved to lose. It's difficult to imagine a different system, with different winners and losers, might actually be better.
Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
#585Earlier quoted context omitted.
What if you used the LLM to generate works that were already copyrighted?
There was a recent case that everyone has been describing as "LLM output can't be copyrighted" but what it actually said was you can't register the AI as the author.
The courts have repeatedly said that copyright only applies to human creativity. The Supreme Court explicitly said this when they refused to hear the appeal:
https://en.wikisource.org/wiki/Thaler_v._Perlmutter,_Refusal...
> "We affirm our decision to refuse registration for the Work because it lacks the human authorship necessary to be eligible for copyright protection."
So they're saying that the LLM cannot be the author, because LLMs cannot claim copyright.
The related case about patents is more supportive of the narrative that AIs cannot be authors (see https://www.cafc.uscourts.gov/opinions-orders/21-2347.OPINIO...), specifically: "Here, there is no ambiguity: the Patent Act requires that inventors must be natural persons; that is, human beings."
The patent situation is that the Act says that inventor must be an individual, which the courts are interpreting to mean a human, so the LLM cannot be named as the inventor. So, in this case, yes, this is just saying that an LLM cannot be named as the inventor of a patent. That's not the same thing as the courts are saying with copyrights.
Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
#586Earlier quoted context omitted.
> You're making the implicit assumption that humans are special snowflakes and anything that we do cannot be replicated by computers Not at all, I see no reason a sufficiently complex algorithm could replicate or even surpass human thinking. Currently, the models ... Models of what? Of stolen text, or at the very least of text ingested without consent. Nobody is even pretending "AI" is more than a model of something…
> Of stolen text, or at the very least of text ingested without consent. Stolen? They've taken it all and it's gone? No. They read it and processed it and that's fair use. Some companies might have acquired some of illegally but that doesn't make it stolen and is actually, again, mostly irrelevant. If a company just acquired it all legally (and some are doing just that) I doubt that would change your position. > Eith…
Please, understand that morality and legality are different concepts. I don't care about legality. It should codify morality but it doesn't I argue about morality. Legality should follow from that.
> Some companies might have acquired some of illegally but that doesn't make it stolen
So something is stolen only if its gone? Can I walk into your house, take some stuff and give it back before you notice and it's ok then?
> mostly irrelevant
Consent matters. It's not just a sex thing.
You keep saying "irrelevant" and I think it reveals your true intentions. You just want to benefit from other people's work without even as much as attempting to negotiate how much it's worth. You see an opportunity to take and you do.
> I doubt that would change your position
Correct. I argue about right and wrong. Slavery used to be legal. The holocaust was legal. Fuck legal.
> That intellectual property is a real thing
You're right. Ownership is not a real thing either. You don't own anything you can't physically defend. Now go grab your gun, i'll grab mine and we'll see who owns what.
If you don't like the idea, that's normal, that's why people wrote down rules to mostly avoid that. And the rules should be based on a moral system agreed to by humans and they'll still go grab their guns.
> learned
Your definition of "stolen" is that it must be gone. My definition of "learning" is that it must be done by a human.
> Do you feel ordinary humans are protected by the current copyright laws?
Irrelevant. You argue about what is, I argue about what should be.
> I feel like at least one much larger group of humans is constrained by those laws so a considerably smaller number of humans, many of which not directly involved in any creative ventures, can profit.
You're onto something but I can't say whether I agree or not unless you specify who belongs to each group.
> If the whole system was torn down, are you absolutely sure that wouldn't be a benefit to society as a whole?
I am highly confident if it's replaced with something better, it'll just benefit those who already have an advantage. The system has massive flaws, yes, but at least nobody can just take all my work and post it as theirs. Or could to be precise.
> I never got a say in the deal but now I can't express myself in certain ways without potentially criminal liability.
And that's wrong too. Are you arguing that one ting is right because a similar thing is wrong? Isn't it that they're both wrong? Any reasonable interpretation of what you just said is that both are wrong.
> And without an economy, they are at our mercy. Their power comes entirely from the system that you imagine would no longer exist.
All real-world power comes from violence materialized or threatened, direct or indirect. Most power currently comes from convincing other people to do it or threaten to do it. They don't even have to own a gun, they just point to a bit of text a lot of people agreed to follow which says for example that you both present your argument to a guy who decides if people with guns come into your home and put you in a small room for a few years.
Now imagine you have no economical value. You still have your right to vote, for now. A guy owns an AI company, a robotics company which builds brushless motors, ballbearings, etc., and a chemical plant which makes composition B. All of these are completely autonomous because AI and robots took all jobs. A cop takes 18 years to make, how many is your country making in parallel? How long does a drone take to make and how many can the owner's plant make in parallel. And then your right to vote can be gone with one prompt. The cop won't protect you, it's probably already a robot anyway.
Previously you needed to convince people to do violence for you. With AI, you just prompt it.
> There's an entire missing middle of human culture -- basically everything from the 20th century -- because of copyright. This is a well known phenomenon.
Piracy? If something is copyrighted but not commercially available, it's also unlikely you'll get sued.
More seriously, yes, copyright has issues. But some people just see those issues and instead of trying to identify the root causes and trying to fix then, you just wanna throw out the whole system and you never seem to game out what happens afterwards. Do you think any system of rules should be thrown out or is copyright somehow uniquely bad?
If there's no copyright and somebody makes a video host competing with youtube (e.g. Nebula), what's stopping youtube from just taking all the videos and making them available for free until the competitor runs out of money? Youtube has much stronger network effects by orders of magnitude. Youtube has cash reserves larger by orders of magnitude.
The only time I saw a guy try to game out what happens without copyright, the best he did is come up with a opt-in reputation system which IMO wouldn't work but which can already exist now. If copyright was so bad, why don't all creators release their stuff in the public domain? Pick a licence which doesn't even require attribution and only rejects liability.
> It's difficult to imagine a different system, with different winners and losers, might actually be better.
I never said that. What I wanted is for the difference to be smaller. If the scores are regularly 10:0 and sometimes 10:1, while the winning side is not even breaking a sweat, then the losing side is likely not having much fun. If the scores are more like 10:6, sometimes 10:8, then both sides had their moments, both sides can see how the game could have ended up the other way and both sides probably had fun.
Please don't take other people's arguments to extremes which are obviously not what the author meant.
---
EDIT:
You had some reasonable points like "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."
But I also didn't express how strongly I disagree with your "The short answer is no."
When talking about limited resources like housing or real estate, then the rules need to be such that those who own a lot can't use it to squeeze out those who own less more and more over time.
But art, code and other intellectual work is not like that. If you think somebody is charging too much for his work, just do it yourself from scratch without basing your work on theirs. It's very easy to say something is too expensive. I've fallen into the trap myself when evaluating software contracts. It's often not as easy to do in-house as it was at first glance. If the work didn't have value, the author would give it away for free or somebody else would. If the work had less value than being asked for, somebody else would offer it for less or you can do it for less.
Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
#587> 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…
Hypothetically, I think this trail of suggestion of treating specs as intellectual property would simply destroy copyright for software, which is what we (the people who believe in FOSS) want. There is already case law protecting specs (e.g. Java)
Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
#588However, the purported reimplementations did not usurp the names of the reimplemented product. Reimplement chardet using AI and insisting in calling the product the same as old chardet with a new version number and a new license is, I think, not exactly honest. At least he should have used something like "chardet-ng", "chardet-fresh", or whatever, and a completely different source tree.
Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft
#589> 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…
Our foreparents of FOSS (e.g. RMS) fought to destroy copyright. Copyleft was a subversive mechanism to "neutralize" copyright using the laws of copyright against itself. Hypothetically, I think this trail of suggestion of treating specs as intellectual property would simply destroy copyright for software, which is what we (the people who believe in FOSS) want. There is already case law protecting specs (e.g. Java)