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Comment Re:Cue all the people acting shocked about this... (Score 4, Interesting) 41

As for why I think the ruling was bad: their argument was that because the person doesn't control the exact details of the composition of the work, than the basic work (before postprocessing or selection) can't be copyrighted. But that exact same thing applies to photography, outside of studio conditions. Ansel Adams wasn't out there going, "Okay, put a 20 meter oak over there, a 50 meter spruce over there, shape that mountain ridge a bit steeper, put a cliff on that side, cover the whole thing with snow... now add a rainbow to the sky... okay, cue the geese!" He was searching the search space for something to match a general vision - or just taking advantage of happenstance findings. And sure, a photographer has many options at their hands in terms of their camera and its settings, but if you think that's a lot, try messing around with AUTOMATIC1111 with all of its plugins some time.

The winner of Nature Photographer of the year in 2022 was Dmitry Kokh, with "House of Bears". He was stranded on a remote Russian archipelago and discovered that polar bears had moved into an abandoned weather station, and took photos of them. He didn't even plan to be there then. He certainly didn't plan on having polar bears in an abandoned weather station, and he CERTAINLY wasn't telling the bears where to stand and how to pose. Yet his work is a classic example of what the copyright office thinks should be a copyrightable work.

And the very notion that people don't control the layout with AI art is itself flawed. It was an obsolete notion even when they made their ruling - we already had img2img, instructpix2pix and controlnet. The author CAN control the layout, down to whatever level of intricate detail they choose. Unlike, say, a nature photographer. And modern models give increasing levels of control even with the prompt itself - with SD3 (unlike SD1/2 or SC) - you can do things like "A red sphere on a blue cube to the left of a green cone" . We're heading to - if not there already - where you could write a veritable short story's worth of detail to describe a scene.

I find it just plain silly that Person A could grab their cell phone and spend 2 seconds snapping a photo of whatever happens to be out their window, and that's copyrightable, but a person who spends hours searching through the latent space - let alone with ControlNet guidance (controlnet inputs can be veritable works of art in their own right) - isn't given the same credit for the amount of creative effort put into the work.

I think, rather, it's very simple: the human creative effort should be judged not on the output of the work (the work is just a transformation of the inputs), but the amount of creative effort they put into said inputs. Not just on the backend side - selection, postprocessing, etc - but on the frontend side as well. If a person just writes "a fluffy dog" and takes the first pic that comes up, obviously, that's not sufficient creative endeavour. But if a person spends hours on the frontend in order to get the sort of image they want, why shouldn't that frontend work count? Seems dumb to me.

Comment Cue all the people acting shocked about this... (Score 4, Informative) 41

... when the original ruling itself plainly said that though the generated content itself isn't copyrightable, human creative action such as postprocessing or selection can render it copyrightable.

I still think the basic ruling was bad for a number of reasons, and it'll increasingly come under stress in the coming years. But there is zero shock to this copyright here. The copyright office basically invited people to do this.

Comment Re:Sigh... (Score 1) 49

Here we go again with this.

NVidia shipped 100k AI GPUs last year, which - if run nonstop - would consume 7,4 TWh. Crypto consumes over 100 TWh per year, and the world as a whole consumes just under 25000 TWh per year.

AI consumption of power is a pittiance. To get these huge numbers, they have to assume long-term extreme exponential scaling. But you can make anything give insane numbers with an assumption like that.

I simply don't buy the assumption. Not even assuming an AI bust - even assuming that AI keeps hugely growing, and that nobody rests on their laurels but rather keeps training newer and better foundations - the simple fact is that there's far too much progress being made towards vastly more efficient architectures at every level - model structure, neuron structure, training methodologies, and hardware. . Not like "50% better", but like "orders of magnitude better". I just don't buy these notions of infinite exponential growth.

Comment Re:Well... (Score 3, Insightful) 125

It's not just a question of whether it's justifiable. It's just simply nonsense to think that they can enforce this. Anyone can run Stable Diffusion on their computer. There's a virtually limitless number of models finetuned to make all kinds of porn. It's IMHO extremely annoying all the porn flooding the model sites; I think like 3/4ths of the people using these tools are guys making wank material. Even models that aren't tuned specifically for porn, rarely does anyone (except the foundation model developers, like StabilityAI) specifically try to *prevent* it.

The TL/DR is: if you think stopping pirated music was hard, well, *good luck* stopping people from generating porn on their computers. You might as well pass a law declaring it illegal to draw porn.

Comment Re:really - the whole world's ? (Score 2) 57

To be fair, there have been times where Earth's temperature changed relatively rapidly.

On the other hand... those times tended not to work out very well for life :

Our current experiment with mass greenhouse gas emissions affecting the climate, Earth itself has kinda done it before, at the Paleocene-Eocene boundary. The associated Paleocene-Eocene Thermal Maximum (PETM) left the world such an altered place that we refer to it as a different era (the Eocene). The oceans took the brunt of the hit. Except the differences we have vs. the PETM are *not* to our favour:

  * The arctic was ice-free going into the PETM; ours is not. The presence of ice creates an amplifying feedback process, where the more ice that melts, the more sunlight gets absorbed, creating more heat to melt more ice.

  * We're releasing our carbon an order of magnitude faster (though our methane emissions are similar)

The PETM caused a 5-8C rise over 6000 years, but we're speed-running it, so it's really our best case. The worst case is the K-Pg extinction event

Only the worst excursions in history tend to result in large parts of the earth becoming relative sterile. But they all lead to mass disruptions in ecosystems and waves of global or at least local extinction (but new speciation of the survivors who take their place). Indeed, we probably owe our existence to the PETM - primates diversified and radiated after it. But that's little solace to species that didn't make it. Like, for example, dinoflagellates flourished during the PETM. But do you really want to replace reefs with red tide?

Comment Re:Great Barrier Reef - agricultural runoff (Score 2) 57

(To be clear on terminology: colony != reef. A coral colony is a cluster of polyps that bud or divide off from each other, all genetically identical and interconnected by the coenosarc to share resources, with each polyp living for a few years. For a plant analogy, the colony would be a a tree, and the polyps, individual leaves of that tree)

Comment Re:Great Barrier Reef - agricultural runoff (Score 4, Informative) 57

Going through mass bleaching events every 2-3 years is not the "whew, let's relax" event you seem to think it is when corals don't hit reproductive age for ~3-10 years, depending on species, with initial reproduction rates being slow and taking time to accelerate (the longest-lived animals on Earth are coral colonies, with certain individuals documented having lived for thousands of years; most live for decades, or in some species hundreds of years). Let alone the knock-on for all the species that depend on healthy coral for their their habitat, which lead to balance in the ecosystem, which is critical to e.g. preventing explosions of coral predators.

It's like taking an old growth forest in an ecosystem not adapted to regular fires, and burning it down every couple years. There will still be "something" living there, but it's just not going to be the same ecosystem it was.

Comment Re:20% survival is pretty good (Score 1) 57

Or they were just healthier to begin with, or more favourably situated. It doesn't mean that they have an inherent genetic advantage.

Corals are not fast growing. They grow about a centimeter per year, give or take half an order of magnitude. The fastest-reproducing corals still take several years to hit reproductive age, while others take as much as a decade. These aren't like bacteria that can quickly get new genes into the mix, test them, and quickly spread them through the population.

Comment Re:And they're supposed to know which works are... (Score 1) 57

This is in turn also not correct. All works are NOT automatically granted copyright. The work has to meet certain qualifying standards, for example more than de minimis human creative work. You can't just write "My dog farted" and assert that it's copyrighted; that simply won't pass creativity standards. Some works, such as AI works (which have not been not further human processed or involved in a creative selection process), are automatically denied copyright on these grounds. A wide variety of things are also not available for copyright protection - ideas, facts, short phrases / slogans, government works (with certain exceptions), and so forth are not copyrighted. Also, works posted online - aka, virtually all works anyone in this discussion is talking about - are generally posted on sites with a TOS, which requires the user granting the site at least limited distribution rights (and in some cases, full rights over the work).

And it's BTW a good thing that de minimis works are ruled out, because so much of our online life is basically structured around copyvio. For example, the "Forward" button on an email client might as well be labeled "Violate Copyright" - you're taking someone else's work and sending it to a third party, generally without the author's express consent. The primary defense that one has in this case is to argue that the received email e.g. lacks sufficient creativity, is just facts and ideas, or so forth.

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