This is not something that our courts could ever decide. How would they know if I did not use a LLM tool to assist in writing my new book?
> Why it’s not OK? In addition to generating a derivative work based on my book (not on ideas in mine, literally on mine, because this tool is not conscious and does not operate ideas, only the letters), which is already obviously illegal
That's not what constitutes a derivative work in the sense of copyright infringement. A derivative work is still a derivative work no matter how it was made. However, it is perfectly legal to say, go to Disney's website, download a JPEG, convert that JPEG to 1s and 0s, print just a bunch of 1s and 0s and not the image, just like a printing press made up of just [1] and [0] character blocks, and sell that. Yes, the 1s and 0s are mathematically derived from the image but the image of 1s and 0s is not a visual derivative of the Disney image. That is, no one is going to buy a t-shirt of 1s and 0s instead of a Mickey t-shirt. Anyone can go to the Disney website and get those same 1s and 0s.
> it also kills incentives for people to publish books at all—because now OpenAPI can buy one copy of any book, feed it to its ML tool, then charge people for using it and no one else ever needs to buy this book and give any credit to its author. Implications for open information sharing like blogging and such go without mentioning.
There are lots of non-infringing uses for such a tool in the marketplace and this will factor into fair use. (Sony v Universal)
1.) [person does x], it's OK,
2.) if a megacorp [does x], it's not.
Let's just be clear that the content of the argument doesn't matter and that most people in this conversation are guilty of base populism.
In all likelihood tools like Stable Diffusion and ChatGPT will be found to copying works in fair use.
The primary argument in favor of fair use is the substantial amount of non-infringing uses for tools like Stable Diffusion and ChatGPT (Sony v. Universal). This does not mean that tools like this are not capable of producing works that infringe just that the liability will be on the person choosing how to use the tool and choosing what to do with what the tool produces. By the time this goes to trial there will be entire industries built on significant non-infringing use of large language models that have nothing to do with the scope of the original copyrighted work and this will have a large impact on considerations of fair use!
> substantial amount of non-infringing uses
Your uses may or may not be infringing, but you can use something that infringes to create something that does not infringe. The infringement is at least done by OpenAI etc. when creating the tool you use, even if your use of the tool does not infringe.
One of us is running into a brick wall in this conversation and that brick wall is “has read related case and statutory law”.
What I’ve been doing is pretending we’re having an objective conversation about copyright so logically I’m treating this closer to a mock trial. I’m not actually sure what you’re doing but I would recommend referencing, you know, the extensive evidence you have to support claims of what is or isn’t infringing.
I can train my own Stable Diffusion. So can you. So can everyone! And we can do so in the privacy of our own private properties and without anyone knowing what we’re doing with all of the images coming through our connections to our ISPs.
No one would really know how if anyone was creating images with or without Stable Diffusion. People would need to bring an image that is significant evidence of copyright infringement in order to get a court to issue a warrant to search for Stable Diffusion in a certain premises… but they can’t because the suspected image doesn’t look anything like the plaintiff’s to begin with.
Reread my comment. If you read my book and write your own it’s OK, if a megacorp provides a tool that ingests my book and automatically writes this book for you (and charges you, and does not pay or credit me) it’s not.
Why is it not OK? In addition to generating a derivative work based on my book (not on ideas in it, literally on my book, because again this tool is not conscious and does not operate ideas, only the letters), which depending on the license can be illegal, it also kills incentives for people to publish books at all—because now OpenAI can buy one copy of any book, feed it to its ML tool, then charge people for using it and no one else ever needs to buy this book and give any credit to its author. Implications for open information sharing like blogging and such go without mentioning.