this post was submitted on 20 Sep 2023
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Ok, so why not wait until those hypothetical violations occur and then sue?
Because the outcome of suing first is to address the potential outcome of what could happen based on what OenAI is doing right now. Kind of like how safety regulations are intended to prevent future problems based on what has happened previously, but expanded similar potential dangers instead of waiting for each exact scenario to happen.
But if OpenAI cannot legally be inspired by your work, the implication is humans can't either.
It's not how copyright works. Transformative work is transformative.
Generative AI training is not the same thing as human inspiration. And transformative work has this far has only been performed by a human. Not by a machine used by a human.
Clearly using a machine that simply duplicates a work to resell runs afoul of copyright.
What about using a machine that slightly rewords that work? Is that still allowed? Or a machine that does a fairly significant rewording? What if it sort of does a mashup of two works? Or a mashup of a dozen? Or of a thousand?
Under what conditions does it become ok to feed a machine with someone's art (without their permission) and sell the resulting output?
That's the point, it's almost a ship of Theseus situation.
At what point does the work become its own compared to a copy? How much variation is required? How many works are needed for sampling before its designing information based on large scale sentence structures instead of just copying exactly what it's reading?
Legislation can't occur until a benchmark is reached or we just say wholesale that AI is copyright infringement based purely on its existence and training.