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Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @10:24AM (#34478208)
> Do you ask for permission when you train your mind on copyrighted books? […] Humans are constantly ingesting gobs of “copyrighted” insights

This comment fundamentally and dangerously misunderstands Copyright Law. Insights are not copyrighted, nor are they copyrightable. Copyright law controls who gets to distribute a specific “fixation” or performance of work. It is not, and never was about preventing the spread of ideas. Authors and artists have always intended for you to read/observe/listen to their work when you legally acquire a copy. They just want you to not copy it verbatim, but go do your own original work if you want to distribute or sell something.

The whole problem is that today’s NNs are specifically designed to remember and remix only the fixed performative parts of the work, and they, unlike humans, don’t understand the insights at all. They are just deterministic machines that copy and remix at a large scale. As such, it’s pretty clear the people training AI today should expect to have to ask permission before “training” (copying) other people’s work.

Re:Is Copyright Eating AI? by jonkho on Sunday January 22, 2023 @10:40AM (#34478389)
So if I visually look at a piece of work and “run” the NN training algorithm in my meat-space brain or even on pen and paper, do I need to ask for permission for doing so? Or is permission required only if silicon chips “run” the algorithm?
Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @11:21AM (#34478892)
This isn’t what the comment I replied to was suggesting, which is important because the NN training algorithm isn’t how humans observe creative work, nor how we make insights. But, yes, the same standards apply whether your deterministic machine is silicon based, or meat based. Copyright law applies to both. If you reproduce significant parts of a fixed performative work, then you are in violation of the law. If your algorithm mixes enough snippets from enough sources, then it’s hard to tell, and you probably won’t get caught, but it doesn’t really change the fact that you’re mechanically copying. FWIW, copyright precedent in music seems to allow human-made remixes that involve multiple sources, as long as the work as a whole is original and doesn’t reproduce significant parts of the sources.
Re:Is Copyright Eating AI? by jonkho on Sunday January 22, 2023 @11:59AM (#34479403)
You are loading up my question with your own assumptions. My point specifically is if I’m just observing a piece of work and running the NN algorithm in my brain, does this constitute as illegal thought then? Do my thoughts violate rights? Note that I am not “reproducing” anything (whatever that term means). I am just observing the work and running the algorithm in my brain while silently sitting.
Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @12:13PM (#34479584)
What assumptions are you referring to? It doesn’t seem like you understand Copyright Law, so that’s why I keep trying to explain it. Under Copyright Law, you have to acquire material legally, and it’s illegal to distribute copies you made to other people.

If you’re executing a NN algorithm in your mind, or via pen & paper, then you are copying from the training samples, because that’s what the algorithm does. During training you compute errors against the samples, and update your weights to reduce error. During inference or generation, you use the weights (the results you remembered across all your training data) to produce an output. When your training samples are clustered in the latent space, the network will only remember an average of the samples, but samples that are sparse and don’t have close neighbors are sometimes remembered verbatim because there’s nothing nearby to average from. You can legally run the algorithm all you want on your own. Once you run it and then distribute the output, it might be in violation of Copyright Law if you accidentally reproduced one of the samples. Same is true for traditional human learning, you can free copy ideas legally, but reproducing too closely something that someone else made may be against the law, even if it was accidental.

Re:Is Copyright Eating AI? by jonkho on Sunday January 22, 2023 @12:21PM (#34479708)
So we are in agreement that it is not violating copyright laws to run the algorithm on copyrighted works to produce the model, because if it is, my thoughts could be illegal too. In the end only actions such as reproducing the work and distributing it can be a violation. In other words, the end user of the model is the one to be held responsible if they reproduce and distribute the copyrighted material.
Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @12:31PM (#34479839)
You have to acquire the source material legally. You can be in violation of copyright for copying music you didn’t buy. If you acquire work legally, you’re legally allowed to make backup copies for yourself, if you don’t distribute it. You can be in violation of copyright if you distribute something you don’t have the copyrights for.

Thoughts are never illegal wrt US Copyright Law. It’s a straw man to insist on making this point.

> In other words, the end user of the model is the one to be held responsible if they reproduce and distribute the copyrighted material.

No, this is false because it is the creators of the model that 1) did not legally acquire the source material and 2) distributed the network that contains latent copies of the source material that end users can use to reproduce works from.

Re:Is Copyright Eating AI? by jonkho on Sunday January 22, 2023 @12:43PM (#34480000)
> You have to acquire the source material legally. You can be in violation of copyright for copying music you didn’t buy.

This is incorrect. As another poster mentioned, it is not illegal to read a stolen book. It is only illegal to steal the book.

Secondly the source material is acquired legally since it is open to consumption on the open internet.

Thirdly model does not contain “latent copies of the source material”. By using a simple test (currently legal standard) that if I showed you the node weights and counts of the network no person even trained in the art can identify it to a specific piece of work. Therefore it is at best a derivative, reasonably distinct.

Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @01:05PM (#34480267)
> By using a simple test (currently legal standard) that if I showed you the node weights

Nope, this is strawman and continuing to demonstrate a misunderstanding of Copyright Law. There is no such legal standard, where did you get that? If the network can reproduce a work, then it does in fact contain a latent copy. Arguing that you can’t see it by inspecting node weights is straw man. You cannot argue that you’re not copying music if you use a new compression algorithm and then suggest it’s distinct and derivative because nobody can read the raw compressed data. That’s not how Copyright Law works. If you can approximately re-perform someone else’s work, you’re in violation. This is true even if you have to run a black-box program to produce the output.

> no person even trained in the art can identify it to a specific piece of work

Ironically, you’re actually admitting that even AI researchers can’t prove the network won’t reproduce someone’s work.

The rest you seem to now be looking for a snarky gotcha, which if you don’t want to have a discussion, then I’m uninterested in discussing further. I made clear above and in a sibling comment that remixes are gray area, and this question is complicated. That said, even if AI people do acquire source material legally, they are in fact copying it and distributing it, and that part alone can potentially violate US Copyright Law. This isn’t even up for debate, so I don’t know why you’re attempting to suggest otherwise. The lawsuits mentioned in the article were brought on evidence that networks violated copyrights of specific existing works, and lots of people have found specific examples of violations.

Re:Is Copyright Eating AI? by jonkho on Sunday January 22, 2023 @01:31PM (#34480563)
My claim has always been that

1) the creating of the model is does not violate copyright. Claiming otherwise means running same algorithm in meatspace would violate copyright laws, which implies thoughts violates laws which is absurd.

2) distribution of the model does not violate copyright laws because the models themselves do not contain latent copies of the work. The model itself is not the work nor a recognizable copy of it nor can it be reconstituted back to the work. It is a tool more analogous to photoshop where the tool can be used to reproduce copyrighted work, yes, by the end user (where I believe the responsibility lies), but the tool itself is not copyrighted work. Microsoft word can be used to generate copyrighted books, if I’m correct. Or I can hire smarter tool: a human writer to produce copyrighted works. Is the writer-for-hire illegal himself as a person? I believe the law will eventually understand this to be the case.

Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @02:44PM (#34481468)
Creating of the model does violate copyright if the model you create can reproduce someone else’s work. Your logic is faulty. Running the algorithm isn’t what causes the problem, so there is no implication that thought is the problem: this point is still a straw man argument. If it seems absurd, then shouldn’t you re-check your assumptions?

> nor can it be reconstituted back to the work

This is false. It has already happened multiple times that networks reproduced copyrighted material.

Re:Is Copyright Eating AI? by jonkho on Sunday January 22, 2023 @03:42PM (#34482008)
How is creating the model in my brain not illegal (as in my thoughts are not illegal) yet if it’s in silicon it would be illegal? Please give a well reasoned answer. This is not a strawman no matter how many times you insist on using that label.

Secondly you seem to be conflating the “tool itself” to “what the tool can do” to be strongly equivalent. I.e if the tool has the capability to violate laws, then the existence and distribution of the tool itself also violates said law. (Not so)

Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @04:13PM (#34482295)
Distributing a model created using your brain is illegal, if the model violates copyright law. (Just like copying stuff without using neural networks in meat-space was already illegal.) If you create a program that reproduces copyrighted work, and distribute the program, then the distribution is illegal. That was the same answer I gave at the top. The brain vs silicon silliness is a strawman and has been all along because it doesn’t matter how your program was created, building and running it is not the illegal part under copyright law, distributing it is (and/or using material that you haven’t obtained legally).

> if the tool has the capability to violate laws, then the existence and distribution of the tool itself violates said law.

That’s right if you remove the word “existence”. Distribution of a NN model that violates copyright by reproducing copyrighted works is illegal. That part has been my point in this thread, it seems like you understand now and we agree.

It’s “existence” is not illegal under US Copyright Law unless you didn’t have the legal right to use the training material, and in that case it’s illegal to use the material whether you used a computer or your brain, it doesn’t matter how you created the neural network (or even whether you created a neural network), the violation there isn’t the act of creating the network, it’s the act of stealing and using material you don’t have permission to use.

This whole discussion would be a lot less frustrating for you if instead of making assumptions and logic arguments about brains and computers, you took some time to read the copyright legal code. https://www.copyright.gov/

Re:Is Copyright Eating AI? by jonkho on Sunday January 22, 2023 @04:51PM (#34482614)
If you understand that the model is a tool, and that as a tool it can be used to generate activity that can violate laws and be used for other perfectly legal activities, then as a broad principle the distribution of said tool is not a violation of said laws.

Cars, phones, guns, knives (practically anything) can be used to generate activities that break the law. They are perfectly legal to distribute. The onus on the legality of the activity lies with the end user.

Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @07:17PM (#34483860)
While it’s true that knives and guns have both legal and illegal uses, it’s another straw man in this context, irrelevant to both neural networks and copyright law. In the case of neural networks, you’re distributing the copied material along with the tool, in the form of network weights, thus breaking the law by distribution whenever the network can reproduce significant portions of any of its individual training samples, or whenever you didn’t have legal permission to use the source training material.

> If you understand that the model is a tool, and that as a tool it can be used to generate activity that can violate laws and be used for other perfectly legal activities, then as a broad principle the distribution of said tool is not a violation of said laws

That statement is incorrect, the logic is flawed. Just because a tool has both legal and illegal uses does not necessarily have any bearing whatsoever on whether the tool’s distribution is legal. Tools that are illegal to distribute can have legal uses, and that does not make them legal to distribute.

Re:Is Copyright Eating AI? by jonkho on Monday January 23, 2023 @12:40AM (#34485881)
Making statements and assuming the truth without reason and evidence nor examples to back it up. Logical fallacy of begging the question.

You are talking in circles. My last response here.

Re:Is Copyright Eating AI? by dahart on Monday January 23, 2023 @10:25AM (#34489880)
What are you talking about? What I said there wasn’t an assumption, it’s a fact about our laws. Murdering someone with a gun and breaking copyright law distributing copyrighted material are covered by two completely separate and independent laws. Breaking or not breaking one of the laws does not imply anything about other laws. Your statement of “broad principle” is the assumption here that claimed that not breaking one implied you were not breaking the other, which is completely and utterly false. You really really should read up on copyright law before asserting things, and maybe the laws surrounding knives and guns too if you want to use them as examples. Your comments have repeatedly and consistently demonstrated a lack of understanding of the laws we’re discussing.
Re:Is Copyright Eating AI? by feliixh on Sunday January 22, 2023 @10:44AM (#34478427)
I don't think that's so clear. When you train a deep learning model you are making it extract the gist or insight of many works and then use that pattern to produce new works. While the NN does not experience the work like a human it is definitely not memorizing.

A silly example. Making GPT write a rap battle between Keynes and Mises goes beyond a performative remix, it is transformational work, nothing is copied explicitly. If a human were to write it that would not violate copyright.

I think that to tackle this we need a new lens other than copyright in the long term.

Re:Is Copyright Eating AI? by dahart on Sunday January 22, 2023 @11:49AM (#34479251)
You’re right that it’s not so clear, perhaps I overstated for brevity. I don’t actually think requesting permission is absolutely necessary, what I really think is that there aren’t good reasons AI people shouldn’t at least first try to establish training sets that are unambiguously legal, either through use of public domain work, or through an actual attempt to curate licensing models that allow re-use. We have plenty of precedent for doing this, so people claiming they should have access to everything without permission strikes me as lazy. There’s also the problem that the AI winners already are, and will continue to be, the monopoly tech and media companies who stand to make handsome profits off of the results of their trained networks. Even if you believe the results of their tech is “transformational”, there is no question that it wouldn’t work at all without access to the source material.

The argument that NNs aren’t memorizing is definitely debatable and not necessarily true. They are designed to memorize deltas and averages from examples. They are, at the most fundamental level, building high dimensional splines to approximate their training data, and intentionally trying to minimize the error between the output and the examples. It’s fair to say that “usually” they don’t remember any single training sample, but it’s very easy for NNs to accidentally remember outliers verbatim. The whole reason the lawsuits mentioned in the article are happening is because we keep finding more and more examples where the network has reproduced someone’s specific work in large part. If we’re going to claim that today’s AI is producing original work, then we have to guarantee it, not just assert that it doesn’t usually happen.

> a rap battle between Keynes and Mises goes beyond a performative remix, it is a transformational work, nothing is copied explicitly.

I don’t buy that the work can be called transformational just because the remix doesn’t have any recognizable snippets. GPT is in fact copying individual words explicitly, and it’s putting words together by studying the statistical occurrence of words in context of other words.

> I think that to tackle this we need a new lens other than copyright

I totally agree with that. This question is legitimately hard. We do need a new lens, but we might have to keep and respect the old one too at the same time. I feel like AI work should acknowledge that difficulty and step up to lead the curation of training sets that are legal wrt copyright by design, rather than ignoring the concerns of the very people who made the work they are leveraging.