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Re:Is Copyright Eating AI? by hnlmorg on Sunday January 22, 2023 @07:44AM (#34476830)
> You publish in public, you automatically grate licenses for the public to consume and transform it.

No you don’t. That would fall under the category of “derivative work” which is still the intellectual property of the original author under most jurisdiction copyright laws.

https://en.m.wikipedia.org/wiki/Derivative_work

Re:Is Copyright Eating AI? by chii on Sunday January 22, 2023 @08:38AM (#34477232)
Unless the resulting "derivative work" is sufficiently transformative. Which, i would argue, training an AI/ML is.

Therefore, using a training dataset does not constitute copyright violation.

If the AI outputted an exact copy (or a close enough copy, that the laymen would agree it's a copy), then that particular instance of the AI's output is in violation of copyright. The AI model itself violate any copyright.

Re:Is Copyright Eating AI? by hnlmorg on Sunday January 22, 2023 @09:30AM (#34477687)
> Which, i would argue, training an AI/ML is.

> Therefore, using a training dataset does not constitute copyright violation.

It's not for you to decide that. Different jurisdictions will have their own process for deciding that and none of them are based on the opinions of random commentators on internet message boards.

Also please bare in mind my comment was reply to a specific statement (repeated below) and not talking about AI in general:

> You publish in public, you automatically grate licenses for the public to consume and transform it.

^ this statement is not correct for the reasons I posted. AI discussions might add colour to the debate but it doesn't alter the incorrectness of the above statement.

> If the AI outputted an exact copy (or a close enough copy, that the laymen would agree it's a copy), then that particular instance of the AI's output is in violation of copyright. The AI model itself violate any copyright.

That assumption needs testing in courts.

As I've posted elsewhere, there have been plenty of cases where copyright holders have successfully sued other creators based on new works that have bared a resemblance to existing works. It happens all the time. I remember reading a story about how a newly successful author was being handed ideas from fans during a book signing only for one of her representatives to intercept them each time. When they later asked why the representative took them, the representative said "it's because if any of your future books follow a similar idea, that fan could sue. But if we can prove you haven't read the idea then the fan has no claim".

Experts don't all agree on where the line is with similar works created by humans, let alone the implications of copyrighted content being used as training data for computers. And this is true for every jurisdiction I've researched. So to have random people on HN talk as confidently as they do about this being all perfectly legal rather preposterous. You don't even fully grasp the intricacies of copyright law in your own jurisdiction, let alone the wider world.