• TWeaK@lemm.ee
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    8 months ago

    The copying of the data is not, by itself, infringement.

    Copyright is absolute. The rightsholder has complete and total right to dictate how it is copied. Thus, any unauthorised copying is copyright infringement. However, fair use gives exemption to certain types of copying. The copyright is still being infringed, because the rightsholder’s absolute rights are being circumvented, however the penalty is not awarded because of fair use.

    This is all just pedantry, though, and has no practical significance. Saying “fair use means copyright has not been infringed” doesn’t change anything.

    it is a series of transform nodes weighted against unstructured data.

    That’s a database. Or perhaps rather some kind of 3D array - which could just be considered an advanced form of database. But yeah, you’re right here, you win this pedantry round lol. 1-1.

    it wouldn’t be the creation of the AI model that is the infringement, but each act of creation thereafter that is substantially similar to a copyrighted work. But this comes with a bunch of other problems for the plaintiffs, and would be a losing case without merit.

    Yeah I don’t want to go down the avenue of suing the AI itself for infringement. However…[1][2][3]

    Trying really hard not to come off as rude

    You’re not coming off as rude at all with what you’ve said, in fact I welcome and appreciate your rebuttals.

    I really do understand the anger and frustration apparent in these comments, but I would really like to encourage you to learn a bit more about the basis for these cases before spending substantial effort writing long responses.

    You say that as if I haven’t enjoyed fleshing out the ideas and sharing them. By the way, right now I’m sharing with you lemmy’s hidden citation feature :o)

    Although, I was much happier replying to you before I just saw the downvotes you’ve apparently given me across the board. That’s a bit poor behaviour on your part, you shouldn’t downvote just because you disagree - and you can’t even say that I’m wrong as a justification when the whole thing is being heavily debated and adjudicated over whether it is right or wrong.

    I thought we were engaging in a positive manner, but apparently you’ve been spitting in my face.


    1. but there’s a good reason why this isn’t the argument being put forward in the lawsuits.

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    2. the LLM could be considered a commissioned agent

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    3. The LLM absolutely could be considered an agent, but the way it acts is merely prompted by the user. The actual behaviour is dictated by the organisation that built it. In any case, this is only my backup argument if you even consider the initial copying to be research - which it isn’t. ↩︎