Those claiming AI training on copyrighted works is “theft” misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they’re extracting general patterns and concepts - the “Bob Dylan-ness” or “Hemingway-ness” - not copying specific text or images.

This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in “vector space”. When generating new content, the AI isn’t recreating copyrighted works, but producing new expressions inspired by the concepts it’s learned.

This is fundamentally different from copying a book or song. It’s more like the long-standing artistic tradition of being influenced by others’ work. The law has always recognized that ideas themselves can’t be owned - only particular expressions of them.

Moreover, there’s precedent for this kind of use being considered “transformative” and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.

While it’s understandable that creators feel uneasy about this new technology, labeling it “theft” is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn’t make the current use of copyrighted works for AI training illegal or unethical.

For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744

  • JoshCodes@programming.dev
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    2 months ago

    Dammit, so my comment to the other person was a mix of a reply to this one and the last one… not having a good day for language processing, ironically.

    Specifically on the dragonfly thing, I don’t think I’ll believe myself naive for writing that post or this one. Dragonflies arent very complex and only really have a few behaviours and inputs. We can accurately predict how they will fly. I brought up the dragonfly to mention the limitations of the current tech and concepts. Given the worlds computing power and research investment, the best we can do is a dragonfly for intelligence.

    To be fair, Scientists don’t entirely understand neurons and ML designed neuron-data structures behave similarly to very early ideas of what brains do but its based on concepts from the 1950s. There are different segments of the brain which process different things and we sort of think we know what they all do but most of the studies AI are based on is honestly outdated neuroscience. OpenAI seem to think if they stuff enough data into this language processor it will become sentient and want an exemption from copyright law so they can be profitable rather than actually improving the tech concepts and designs.

    Newer neuroscience research suggest neurons perform differently based on the brain chemicals present, they don’t all always fire at every (or even most) input and they usually present a train of thought, I.e. thoughts literally move around in the brains areas. This is all very different to current ML implementations and is frankly a good enough reason to suggest the tech has a lot of room to develop. I like the field of research and its interesting to watch it develop but they can honestly fuck off telling people they need free access to the world’s content.

    TL;DR dragonflies aren’t that complex and the tech has way more room to grow. However, they have to generate revenue to keep going so they’re selling a large inference machine that relies on all of humanities content to generate the wrong answer to 2+2.