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Comment Re:Dictionaries Mysteriously Not Sued (Score 1) 48

"No. It is not copyright infringement"

Go ahead, prompt for that story and publish your own 'moonlit princess". It is not a court case you'd win; the details taken from the Disney version are beyond excessive.

" and there's no reason to hold copyright so sacred anyway. Are you seriously wanting to protect hundred year old fairy tails from being retold?"

That's an entirely separate discussion. Legally it is infringement. Whether it should be is completely separate question, or how long it should be are separate questions.

FWIW, I don't agree with copyright being 100 years.

Comment Re:Dictionaries Mysteriously Not Sued (Score 1, Insightful) 48

Dictionary publishers have never been accused of downloading massive torrents of pirated copies of books and processing them.

Google on the other hand HAS been accused of that, and the decade of litigation related to that ultimately rules that the limited things google was doing with it was fair use. The dictionary companies are likely paying for enhanced access to that google data now.

The AI companies are singing the same fair use tune, but its really quite different. Google was doing it (at the time) to allow for search so you could enter phrase or quote and find the book it was from and the page it was on, and to collect other meta data - word count, word frequency, analyze sentence complexity, etc... all factual information.

AI companies are using the content of that digitized corpus and everything else they can get their hands on to generate new content, much of which non-factual in nature, and often very arguably explicitly creatively derivative.

prompt: "Make a story like sleeping beauty" ... 2 seconds later we have "The Moonlit Princess" and we'll just self-publish that on Amazon... boom I'm an author!

The kingdom celebrated for seven days and seven nights. At the grand naming feast, three magical guardians arrived, each bringing a special gift.

The first guardian said, "May Lyra always have a kind heart."

The second smiled and whispered, "May she be wise enough to guide her people with fairness."

The third raised her glowing staff. "May hope follow her wherever she goes."

But before she could finish, a shadow swept across the hall.

It was the sorceress Vespera, who had been forgotten when the invitations were sent.

"You celebrate without me?" she cried. "Then hear my gift! On her sixteenth birthday, Princess Lyra will touch the thorn of the Moon Rose and fall into an endless sleep."

You seriously telling me this is NOT copyright infringement? Even if you wanted to argue that sleeping beauty is a classic fairytale from the 17th century and not under copyright, the prose above is a pretty blatant Disney ripoff.

Comment Re:Question (Score 1) 61

Are you talking solely internal thought processes that are never externalized in any way?

Exactly yes. You don't need a license to "copy" something to your mind.

You technically do need a license to copy something to a disk or to RAM. A number of cases around hacking/cracking have hinged even on the nuance that the hacker, by violating the "terms and conditions", no longer had a software license to make the "copy" of the software that was loaded from disk to RAM for example, and it was therefore copyright infringement.

In any case, yes, you are of course also correct that although you are free to remember anything, what you produce from that memory *may* be an infringing copy or infringing derivative work that requires a license.

But the difference of course, is that the LLM itself is already an infringing derivative work before it even produces anything. Your mind isn't.

And everything the LLM produces is basically just taking that collection of derivative works, and rolling dice on it to generate output. The output is a strictly a function of the input. On some level, it can't "not produce" derivative works. The best it does is slice and dice so many of them together that we can't tell.

I suppose that might be what the total sum of what human creativity is too, and some people genuinely believe that. It appears to be a surprisingly capable facsimile in some respects. But most people think there is more to the spark of human experience of creativity than *just* that, at least for now.

Comment Re:Question (Score 0) 61

"It is no more "theft" than you are."

Yes. It is. Quite different in fact.

You see, Rei, ... suppose we assume you are "correct" that the LLM is doing the same thing as the human brain here. (This is a point I don't necessarily concede, but don't really need to actually engage with that here.) It just doesn't matter, they are legally distinct situations.

No amount of argument that "its doing the same thing as you are" changes that fact. What happens in a machine is covered by copyright law. What happens in a human mind is not.

It doesn't actually matter if the two are doing the same thing.

One is copyright infringement aka "theft", and one isn't.

You can potentially make the argument that there is no ethical difference if you like, but legally, they are worlds apart. Don't confuse ethics with law.

Even if they are doing the same thing, perhaps collectively society wants to carve out exclusions for copyright law to enshrine human beings right to see and remember things without requiring a license to do while continuing to want to require machines to require licensing to perpetuate the socio/economic contract that copyright is supposed to reflect.

That is not hypocrisy.

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