Comment Making distilling legal (Score 1) 92
This solves a lot of problems:
- Since AI can't be copyrighted, its later use shouldn't be prohibited. You can use the results of the AI you paid for, for whatever, including distillation. Trademark law still applies, ToS against abuse still applies, there's just no preventing people from taking it and using it for something competing.
- Distillation makes open weights more powerful, competing with the frontier labs.
- The frontier labs thus won't make as much money, which means building thousands of datacenters. So we stop the onslaught of datacenter building.
- Less power concentrated in a single company's hands, which means we have more legal and political control over AI.
- We gain the benefits of the competition of open weight and other AI companies that distill. Competition reduces cost, increases efficiency, increases consumer choice.
The question is, can a company legally restrict people from using the *result* of a given product, for use in some other product? Since the output of AI is not copyrightable, my not-a-laywer opinion is, you can't restrict its use.