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

  • Eatspancakes84@lemmy.world
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    2 months ago

    I am also not really getting the argument. If I as a human want to learn a subject from a book I buy it ( or I go to a library who paid for it). If it’s similar to how humans learn, it should cost equally much.

    The issue is of course that it’s not at all similar to how humans learn. It needs VASTLY more data to produce something even remotely sensible. Develop AI that’s truly transformative, by making it as efficient as humans are in learning, and the cost of paying for copyright will be negligible.

    • stephen01king@lemmy.zip
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      2 months ago

      If I as a human want to learn a subject from a book I buy it ( or I go to a library who paid for it). If it’s similar to how humans learn, it should cost equally much.

      You’re on Lemmy where people casually says “piracy is morally the right thing to do”, so I’m not sure this argument works on this platform.

      • Eatspancakes84@lemmy.world
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        2 months ago

        I know my way around the Jolly Roger myself. At the same time using copyrighted materials in a commercial setting (as OpenAI does) shouldn’t be free.

        • stephen01king@lemmy.zip
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          2 months ago

          Only if they are selling the output. I see it as more they are selling access to the service on a server farm, since running ChatGPT is not cheap.

          • Hamartia@lemmy.world
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            2 months ago

            The usual cycle of tech-bro capitalism would put them currently on the early acquire market saturation stage. So it’s unlikely that they are currently charging what they will when they are established and have displaced lots of necessary occupations.

    • Blaster M@lemmy.world
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      2 months ago

      Imagine if you had blinders and earmuffs on for most of the day, and only once in a while were you allowed to interact with certain people and things. Your ability to communicate would be truncated to only what you were allowed to absorb.