Re:Open source licenses need to leave the 1980s and evolve t...
by JoshTriplett on Saturday June 24, 2023 @04:20AM
(#36456669)
> What's the difference between using a pencil to write something and using an LLM to write something?
The pencil is not a derivative work of a pile of copyrighted material.
> Why does one produce something copyrighted why the other doesn't?
There's existing case law that non-human entities (e.g. animals) can't create copyrightable works. And in the case of an AI LLM, the AI LLM itself is a derivative work of its training data (as evidenced by the fact that it can by default spit out training data verbatim, even if it has had after-the-fact filters added to prevent such responses).
The pencil is not a derivative work of a pile of copyrighted material.
> Why does one produce something copyrighted why the other doesn't?
There's existing case law that non-human entities (e.g. animals) can't create copyrightable works. And in the case of an AI LLM, the AI LLM itself is a derivative work of its training data (as evidenced by the fact that it can by default spit out training data verbatim, even if it has had after-the-fact filters added to prevent such responses).