News for hackers. Stuff that matters.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by pessimizer on Sunday July 09, 2023 @05:19PM (#36659019)
> The complaint lays out in steps why the plaintiffs believe the datasets have illicit origins — in a Meta paper detailing LLaMA, the company points to sources for its training datasets, one of which is called ThePile, which was assembled by a company called EleutherAI. ThePile, the complaint points out, was described in an EleutherAI paper as being put together from “a copy of the contents of the Bibliotik private tracker.” Bibliotik and the other “shadow libraries” listed, says the lawsuit, are “flagrantly illegal.”

This is the makers of AI explicitly saying that they did use copyrighted works from a book piracy website. If you downloaded a book from that website, you would be sued and found guilty of infringement. If you downloaded all of them, you would be liable for many billions of dollars in damages.

But companies like Google and Facebook get to play by different rules. Kill one person and you're a murderer, kill a million and to ask you about it is a "gotcha question" that you can react to with outrage.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by rococode on Sunday July 09, 2023 @05:36PM (#36659178)
> If you downloaded a book from that website, you would be sued and found guilty of infringement.

When was the last time this happened? You might get handed an infringement notice, and your ISP might terminate your service if you're really egregious about it, but I haven't ever heard of someone actually being sued for downloading something.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by TillE on Sunday July 09, 2023 @05:47PM (#36659274)
In Germany if you torrent stuff (without a VPN), you're very likely to get a letter from a law firm on behalf of the copyright holders saying that they'll sue you unless you pay them a nice flat fee of around 1000 Euro.

It's no idle threat, and they will win if it goes to court.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by cowsup on Sunday July 09, 2023 @05:53PM (#36659327)
That's because, when torrenting, you're typically also seeding a copy of it, i.e. you're distributing your local copy to other devices, and thus you're directly aiding in piracy. Simply downloading content from a centralized server, as explained above, is different.

Although, one could argue what OpenAI & Meta are doing is closer to the torrent definition than the "simply downloading" definition, given that they're using that to redistribute information to others. It'll be an interesting case.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by thebears5454 on Sunday July 09, 2023 @06:36PM (#36659713)
Honestly don't think our current laws are even good for this case.

This clearly needs some sort of regulation or policy.

It's clearly pretty bullshit if you ask chatgpt for a joke and it repeats a Sarah Silverman joke to you, while they charge you a subscription for it and she gets none of that sub money.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by red-iron-pine on Monday July 10, 2023 @12:19PM (#36668552)
there is policy in most places, and the policy is fuck you pay me.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by pessimizer on Sunday July 09, 2023 @05:48PM (#36659287)
If books aren't under copyright protection and they're entirely legal to download, I agree that this lawsuit has no merit.

If that's not what you're saying, I don't understand your point. Is it the difference between the phrases "would be" and "could be," or even "should be"?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by iepathos on Sunday July 09, 2023 @05:49PM (#36659297)
Exactly, never happens. It's a threat parents and teachers tell school children to try to spook them from pirating but it isn't financially worth it for an author or publishing company to try to sue an individual over some books or music downloads. The only cases are business to business over mass downloads where it could make financial sense to pay for lawyers to sue.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by xmprt on Sunday July 09, 2023 @05:51PM (#36659314)
Whether or not it's enforced, it's illegal and copyright holders are within their rights to sue you. This is piratebay levels of piracy but because it's done by a large company and is sufficiently obfuscated behind tech, people don't see it the same way.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by comfypotato on Sunday July 09, 2023 @06:09PM (#36659463)
Well, cases like this one will determine if it’s obfuscated infringement or fair use.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by harry8 on Sunday July 09, 2023 @06:22PM (#36659577)
>How often does this actually happen?

Did you hear about Aaron Schwartz?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by edgyquant on Sunday July 09, 2023 @06:38PM (#36659729)
He hacked into a server to release a database of paywalled studies to the public. Not only is it not the same but it was the hacking that brought charges upon him.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by havnagiggle on Sunday July 09, 2023 @07:23PM (#36660133)
It's been quite a few years, but AFAIK he didn't hack JSTOR. He downloaded papers en mass using a guest MIT account that had legal access to JSTOR. Maybe he violated their terms, but that is not illegal. He did illegally trespass an unlocked MIT switch closet to do this. They blocked several IPs but his script would rotate to continue. The downloading was over a week or two, enough for security to set up a camera in the closet to catch him retrieving the laptop.

I believe JSTOR sued him to prevent him from releasing the downloaded materials, worried he had offloaded the papers separately from the laptop. The final blow was an outrageous set of charges by the federal government. I also recall several prominent leaders in the open source movement calling it out for what it was, a power trip to make an example of a "digital terrorist". Such a shame.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by tzs on Sunday July 09, 2023 @07:53PM (#36660330)
Here are details on what the charges were, and on whether or not any of them were justifiable.

http://www.volokh.com/2013/01/14/aaron-swartz-charges/

http://www.volokh.com/2013/01/16/the-criminal-charges-agains...

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by TeMPOraL on Sunday July 09, 2023 @08:01PM (#36660381)
> AFAIK he didn't hack JSTOR. He downloaded papers en mass using a guest MIT account that had legal access to JSTOR.

Potato, potahto. Or, like kids these days say it, "corporate wants you to find differences between these two pictures...".

Fact is, from the POV of the legal system, "using a guest account that had legal access to" a system, but to which (the account) you didn't have legal access, would typically be seen as hacking. So is running curl in a loop, if it results in you getting sued for it. So is just guessing the URL (e.g. incrementing a user ID in a GET query param), if it lets you access things you shouldn't be able to.

Yes, it's not aligned with how technology works. But it is aligned with expectations of behavior, which is what the law is really about.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by brightlancer on Sunday July 09, 2023 @08:13PM (#36660464)
> Fact is, from the POV of the legal system, "using a guest account that had legal access to" a system, but to which (the account) you didn't have legal access

I don't think that is accurate.

He had legal access to the account. The account had legal access to the service.

The argument was that downloading articles en masse was an _abuse_ of the service, which was a violation of the Terms of Service and therefore a CRIMINAL ACT.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by kube-system on Monday July 10, 2023 @12:14PM (#36668459)
This just all depends on what circle you're using the word "hacking" in. While technical circles are mostly concerned about the technical details on how someone might exploit a system, legal circles don't really care. They usually avoid using the word "hacking" anyway.

The relevant law here, the CFAA, is often referred to as the US law that criminalizes "hacking", but what it specifically does is criminalize anyone who "intentionally accesses a computer without authorization or exceeds authorized access" which is much more broad than how technical disciplines might use the word.

So yes, stealing a password off a friend's post-it note and Hasselhoffing their instagram might not be considered "hacking" if you're hanging out at Defcon, this would be considered "hacking" in legal or colloquial terms.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Shawnj2 on Monday July 10, 2023 @01:30AM (#36662468)
Actually no- downloading copyright infringing material is legal as far as I can tell but uploading it isn’t. The illegal part of torrenting copyrighted material is the uploading that the protocol requires you to do. Your ISP will send you an infringement notice because they want you to stop doing illegal things on their network
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Der_Einzige on Sunday July 09, 2023 @05:28PM (#36659088)
I for one am quite happy that AI folks are basically treating copyright as not existing. I strongly hope that the courts find that LLM weights, and the datasets are "fair-use" or whatever other silly legal justification.

Aaron Swartz was a saint.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by axblount on Sunday July 09, 2023 @05:35PM (#36659173)
Swartz distributed information for everyone to use freely. These companies are processing it privately to develop their for-profit products. Big difference, IMO.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Der_Einzige on Sunday July 09, 2023 @05:38PM (#36659194)
I am sad about closed source LLMs like ChatGPT, but Llama is in that grey area where it's freely available if you choose to ignore their silly license stuff, which of course pirates and AI developers are all too keen to ignore.

Even if they win the lawsuit, LLM development will simply go underground, and as we see from what the coomers at civitai and in the stable diffusion world have done, that may in fact ironically speed up development in AI.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by slashdev on Sunday July 09, 2023 @05:35PM (#36659169)
Agreed, copyright has gone too far. I hope the advent of AI serves to weaken it.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by colechristensen on Sunday July 09, 2023 @05:43PM (#36659240)
While I’ma proponent of free information and loosening copyright, allowing billion dollar companies to package up the sum of human creation and resell statistical models that mimic the content and style of everyone… is a bit far.

Fair use is for humans.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by brnaftr361 on Sunday July 09, 2023 @05:52PM (#36659322)
Yeah, but hypothetically should open source projects be offered special protections? I feel like they should, and with certain caveats where, say, a company like Meta is allowed to claim fair use if and only if they free up the entire ecosystem as they deploy it.

But yeah, having private ostensibly profitable models based on other people's work without giving them free access to it is not fair. Give some get some.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by colechristensen on Monday July 10, 2023 @07:04PM (#36674220)
Maybe… maybe restrictions freed up for resources in the public domain… that is no patent, copyright, license or ownership rights of any kind. As in you could distribute the thing unmolested but that’s it.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by pessimizer on Sunday July 09, 2023 @05:44PM (#36659243)
Copyrights shouldn't exist, but

> LLM weights, and the datasets are "fair-use" or whatever other silly legal justification.

Would just be a carve out for the wealthy. If these laws don't mean anything, everyone who got harassed, threatened, extorted, fined, arrested, tried, or jailed for internet piracy are owed reparations. Let Meta pay them.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by JoshTriplett on Sunday July 09, 2023 @05:44PM (#36659248)
> I for one am quite happy that AI folks are basically treating copyright as not existing. I strongly hope that the courts find that LLM weights, and the datasets are "fair-use" or whatever other silly legal justification.

I would be very happy if either a court or lawmakers decided that copyright itself was unconscionable. That isn't what's going to happen, though. And I think it's incredibly unacceptable if a court or lawmakers instead decide that AI training in particular gets a special exception to violate other people's copyrights on a massive scale when nobody else gets to do that.

As far as a fair use argument in particular, fair use in the US is a fourfold test:

> the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

The purpose and character is absolutely heavily commercial and makes a great deal of money for the companies building the AIs. A primary use is to create other works of commercial value competing with the original works.

> the nature of the copyrighted work;

There's nothing about the works used for AI training that makes them any less entitled to copyright protections or more permissive of fair use than anything else. They're not unpublished, they're not merely collections of facts or ideas, etc.

> the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

AI training uses entire works, not excerpts.

> the effect of the use upon the potential market for or value of the copyrighted work.

AI models are having a massive effect on the market for and value of the works they train on, as is being widely discussed in multiple industries. Art, writing, voice acting, code; in any market AI can generate content for, the value of such content goes down. (This argument does not require AI to be as good as humans. Even if the high end of every market produces work substantially better than AI, flooding a market with unlimited amounts of cheap/free low-end content still has a massive effect.)

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by lubujackson on Sunday July 09, 2023 @06:07PM (#36659452)
It is the equivalent of making a 3D map of a museum and getting sued by one artist of one painting in the museum. Ant individual work in an AI dataset is nearly worthless - only in aggregate does it have value.

If that doesn't count as a "transformative work" I don't know what does.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by thebears5454 on Sunday July 09, 2023 @06:40PM (#36659757)
They could literally just repeat a Silverman routine verbatim
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by JoshTriplett on Sunday July 09, 2023 @06:51PM (#36659865)
> It is the equivalent of making a 3D map of a museum and getting sued by one artist of one painting in the museum.

If the painting is copyrighted (rather than public domain, as many pieces in museums are), and the map includes an image of that painting, I would expect that to be prohibited. I would prefer the world in which copyright doesn't exist, but while it exists, it should apply to everyone equally.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by skeaker on Monday July 10, 2023 @04:07PM (#36672222)
Sure, but your analogy fails there since it implies that the map contains the entire original work. AI models do not contain the entire original works of their training data. If they did they would be the most efficient storage methods ever devised. All those terabytes of training data can obviously not be squished 1 for 1 into the model that is only a couple of gigabytes at the higher end.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by JoshTriplett on Tuesday July 11, 2023 @03:22PM (#36686005)
The AI models can, in many cases, reproduce large portions of the training data verbatim. (Some models have controls on top preventing this, but the underlying model has the data.)

And even if they can't reproduce the entire work, they're still derivative works of the training data.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by AnthonyMouse on Sunday July 09, 2023 @09:16PM (#36660874)
You're analyzing the factors with respect to the output of the model, not the weights:

> The purpose and character is absolutely heavily commercial and makes a great deal of money for the companies building the AIs.

That's assuming that it's Microsoft/OpenAI. Suppose a non-profit trains a model and releases the weights for free.

> There's nothing about the works used for AI training that makes them any less entitled to copyright protections or more permissive of fair use than anything else. They're not unpublished, they're not merely collections of facts or ideas, etc.

The models aren't trained on works of a particular nature, they're trained on whatever they can find, so this doesn't really mean anything until you're talking about a specific work.

> AI training uses entire works, not excerpts.

The weights don't contain entire works. They contain statistics about entire works, but that's not the same thing. You can't find a copy of any specific work anywhere in the weights. Nobody can give you a piece of code that will decode the weights into all the original works.

> AI models are having a massive effect on the market for and value of the works they train on, as is being widely discussed in multiple industries.

That's not how that factor works (and it's the most important one). No one is buying the model weights so they can read them like a novel. Typically the consumers of the weights are software developers or content creators, whereas the consumers of the original text or image are fans.

To make this a little clearer, suppose the purpose of the model isn't to generate content, it's to generate recommendations. Then the company operating it takes a list of content anyone likes, uses the model to show you a list of all the other content you might like and lets you sort by price. Which makes it easier to find competing content which is available for less money, which increases competition. The incumbents might hate this, and it might even lower their profits, but that's not the kind of effect on the market this factor is supposed to be about.

Moreover, suppose you had a model trained entirely on public domain works. Obviously this can't be copyright infringement even if it's extremely effective at producing new works that compete heavily with works still under copyright. But if you added some specific work still under copyright to the model, it would only be a marginal difference. The effect on the market for that specific work of adding that specific work to the model would be negligible. It's the technology itself that provides the competition, not the accretion of any particular work in the weights.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by JoshTriplett on Sunday July 09, 2023 @11:31PM (#36661737)
> You can't find a copy of any specific work anywhere in the weights.

You won't find a copy of any specific work anywhere in the compressed form of a file, either, but when you decompress it you find the complete work. And many large AIs can recite, verbatim or near-verbatim, many complete works. Yes, they might get a word wrong, but that doesn't nullify the point that they're trained on the entire work and to a first approximation they can emit the whole work.

> Typically the consumers of the weights are software developers or content creators, whereas the consumers of the original text or image are fans.

Many of the consumers of image models are in fact generating art that they previously would have commissioned from an artist. (Some of them are also generating art they never would have commissioned from an artist, so I'm not implying that this is a one-for-one revenue loss.) Consumers of code models are, in fact, potentially reducing the total demand for novice programmers.

The model derived from a pile of artistic works is, in fact, directly competing with those artistic works.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by AnthonyMouse on Monday July 10, 2023 @02:35AM (#36662831)
> You won't find a copy of any specific work anywhere in the compressed form of a file, either

Sure you will. It's right there, in PNG encoding or what have you. With nothing more than the compressed file and general purpose tools you can reliably put it on your screen.

> And many large AIs can recite, verbatim or near-verbatim, many complete works.

This is not the common case and it's not even clear that the reason it can sometimes do this is having been trained on the complete work. The more likely cause is having seen a large number of excerpts from the work which patch together into the whole thing, because it's more likely to output that text if it has seen it multiple times.

This is also clearly not the intent, purpose or typical use of the model. It has no ability to consistently do that.

> Many of the consumers of image models are in fact generating art that they previously would have commissioned from an artist. ... Consumers of code models are, in fact, potentially reducing the total demand for novice programmers.

Those are different people than the holder of the copyright on an arbitrary piece of the training data. Is a fair use determination supposed care about the effect on the market for some entirely independent work from an unrelated third party?

> The model derived from a pile of artistic works is, in fact, directly competing with those artistic works.

It's indirectly competing with artistic works in general.

I mean take the computer out of the loop and think about it this way. Art teachers everywhere reproduce a bunch of existing works for classroom use to train new artists who go into competition with the original artists. That is obviously going to indirectly impact the market for artistic works in general, but I don't think that's how that factor works.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by JoshTriplett on Tuesday July 11, 2023 @03:25PM (#36686050)
> Those are different people than the holder of the copyright on an arbitrary piece of the training data.

No, I'm saying many AI models use copyrighted works by independent artists to directly compete with those artists (in addition to other artists). And AI models use copyrighted works by software developers to compete with those software developers (in addition to other developers). Fair use determinations do care if you're competing with the work you copied.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by 8organicbits on Sunday July 09, 2023 @05:46PM (#36659268)
There's a difference between "information wants to be free" and "Facebook can produce works minimally derived from your greatest creative work at a scale you can't match". LLMs seem to aggregate that value to whoever builds the model, which they can then sell access to, or sell the output it produces.

Five years from now, will OpenAI actually be open, or will it be a rent seeking org chasing the next quarterly gains? I expect the latter.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by PostOnce on Sunday July 09, 2023 @06:22PM (#36659578)
"Will OpenAI actually be open"

That ship sailed, friend.

OpenAI is not only no longer a charity in any meaningful sense of the word anymore, it's now an adversarial organization working against the public good.

After privatization, they sent their PR people to lobby congress to make it impossible for anyone to compete with them (important note: not out of any interest in actually "protecting" the public from the very AI they're building), and perhaps worst of all, they're no longer being open with the scientific theories and data behind their new models.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by red-iron-pine on Monday July 10, 2023 @12:21PM (#36668580)
we are rapidly achieving the cyberpunk future, and it's much worse than we thought.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by two_in_one on Monday July 10, 2023 @06:12PM (#36673719)
> an adversarial organization working against the public good with the sole aim of making a few rich men richer.

I wonder what is _not_ in the list?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by amf12 on Sunday July 09, 2023 @05:31PM (#36659126)
The lawsuit doesn't even mention Google.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by pessimizer on Sunday July 09, 2023 @05:39PM (#36659203)
No, I did. What's your point?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by fweimer on Sunday July 09, 2023 @05:59PM (#36659387)
I think it's a reference to Google's book scanning product, which is structurally similar: they use copyrighted material to provide a new kind of service, which contains an echo of the original material. The book scanning and the related search product is supposedly legal under U.S. copyright law.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by kccqzy on Sunday July 09, 2023 @06:13PM (#36659497)
The point is that GP has no reason to believe Google, like Meta, also used copyrighted materials for training its AI. Why did Sarah Silverman sue OpenAI and Meta but not Google?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by pessimizer on Sunday July 09, 2023 @07:26PM (#36660154)
I didn't accuse Google of using copyrighted materials for training its AI. I accused Google of existing under a different set of laws than mere citizens.

As an example, the mass usage of copyrighted materials to build Youtube.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by kccqzy on Monday July 10, 2023 @12:43AM (#36662189)
It didn't.

YouTube respects creators' copyright in the videos and pays them.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by buildbot on Sunday July 09, 2023 @06:03PM (#36659416)
Machine learning models have been trained with copyrighted data for a long time. Imagenet is full of copyrighted images, clearview literally just scanned the internet for faces, and I am sure there are other, older examples. I am unsure if this has been tested as fair use by a US court, but I am guessing it will be considered to be so if it is not already.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by kibwen on Sunday July 09, 2023 @06:06PM (#36659444)
Excellent, so you're saying I'll be able to download any copyrighted work from any pirate site and be free of all consequence if I just claim that I'm training an AI?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by JamesBarney on Sunday July 09, 2023 @06:11PM (#36659487)
That's not was he's saying at all. He's saying you can train an AI on copyrighted material just like people can learn from copyrighted material.

If you acquire the material illegally that a separate issue that training AI doesn't give you any protection against.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by DowsingSpoon on Sunday July 09, 2023 @06:36PM (#36659707)
>you can train an AI on copyrighted material just like people can learn from copyrighted material.

No amount of whining and hand wringing from engineers will ever make this true. This is for the courts to decide.

A reasonable interpretation, in my eyes, is that the training process is a black box which takes in copyrighted works and produces a training model. The training model is a derivative work of the inputs. It therefore violates the copyrights of a large number of rights holders. The outputs of the model are derivative works which also violate copyright.

And anyone using or training a model trained on works for which they do not have the rights? Completely fucked. Or at least, they must accept this as a real risk.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by kelnos on Sunday July 09, 2023 @07:13PM (#36660059)
I think a reasonable interpretation is also that what you are saying is correct, that doing all that does indeed infringe others' copyright, but that a fair use defense is valid.

I won't be particularly thrilled if that turns out to be the case, but I wouldn't be surprised if it does.

But as you say, we won't know until it's tested in court. And even then, often court cases around a complex topic like this will end up with a ruling that only clarifies a narrow aspect of it. So it might take many related court cases before we have a pretty good understanding of where the law stands. And then, of course, the law could change.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by AnthonyMouse on Sunday July 09, 2023 @07:54PM (#36660335)
Derivative works are typically things like language translations or film adaptions of a novel. A large language model is something like a probability breakdown of the order of word fragments in a body of text. It's a collection of statistics and math. It's different.

Now, can you get it to output a derivative work? Maybe. Is every output a derivative work? Maybe not.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by DowsingSpoon on Sunday July 09, 2023 @10:34PM (#36661369)
Things like sports statistics and directories of phone numbers are not copyrightable. Maybe models fall into a similar category. Could be. It’ll be interesting to see how this shakes out over the next few years.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by buildbot on Sunday July 09, 2023 @07:58PM (#36660367)
> A reasonable interpretation, in my eyes, is that the training process is a black box which takes in copyrighted works and produces a training model. The training model is a derivative work of the inputs. It therefore violates the copyrights of a large number of rights holders. The outputs of the model are derivative works which also violate copyright.

What is the blackbox “limit” here? Is the mean value of all images in imagenet (which contains many copyrighted images) violating copyright? Is the character count of sarah silverman’s books? What about a prime number representing them - https://en.wikipedia.org/wiki/Illegal_number?wprov=sfti1

Training is much more similar to a character count than an illegal prime in my view, and thus, is almost certainly going to be okay/found to be okay. If not, something like, 90% of all models used today had some component trained on copyrighted data of some form.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by gaganyaan on Sunday July 09, 2023 @08:21PM (#36660520)
It's a good thing we don't let unreasonable people like you decide what's reasonable then. I'd argue further, but you're probably a weird copyright maximalist that won't listen to reason.

Fortunately, copyright as we know it is dead. It will die a death of a thousand cuts from people not giving a shit about stodgy old[0] people like you that are trying to retard the progress of science and the arts. It won't make a difference if you respond with some clever counterargument here. The future is here and it jettisoned the atavistic nonsense.

[0]: Stodgy and old is a state of mind. If you're actually young, then I'm so sorry for you.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by lotsoweiners on Sunday July 09, 2023 @09:06PM (#36660814)
You sound like my coworker 5-10 years ago that told me how I wouldn’t be driving today because of the proliferation of self driving vehicles. I told him he’s a 28 year old dum dum who didn’t understand how things operate in the real world when the constraints aren’t based on technology but on government regulations, the economy, and other factors. I’d say I won that argument for now. I live in the Waymo pilot city and still haven’t taken one mostly due to the limited area they drive in. Just this past week we learned that a traffic can disable a self driving vehicle. I’m interested to see the traffic cone era of AI.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by gaganyaan on Sunday July 09, 2023 @09:16PM (#36660871)
I'm basing this on what US courts have decided. You're free to disagree with them all you'd like, but AI-generated art is not copyrightable. We're seeing an explosion in non-copyrightable art, and when we get down to some small fraction of art being copyrightable, nobody will give a shit about copyright anymore. You also talk about the economy, and guess where the economoc incentives are aligned towards? Hint: it's not towards having expensive humans generate art.

I guess we'll just have to feel that the other is wrong as we wait to see what happens, but I'm betting on existing US regulation and basic human behavior. That's a tall order to bet against.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jazzyjackson on Sunday July 09, 2023 @09:11PM (#36660842)
jeez, way to make it personal

I agree that copyright is done for in an age of generative models, and as a pirate I'm kind of rooting for it, but i'm not so sure it's unequivocally a Good Thing. I'm interested to understand history better, how art and science was produced and distributed before the legal fiction of intellectual property. the point of allowing someone a monopoly on their work is to share it with the public, same as patents. without the legal framework, the way to protect your work may be to not publish it at all, which is where I see the internet going from here, private enclaves that go to great lengths to prevent LLMs from drinking their milkshake.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by gaganyaan on Sunday July 09, 2023 @09:37PM (#36660998)
I think you're right that it'll be tried, but seems unlikely to work. All it takes is one person in the enclave to leak it, intentionally or accidentally.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dang on Tuesday July 11, 2023 @02:47PM (#36685523)
Personal attacks aren't allowed here, regardless of how wrong someone else is or you feel they are.

If you'd please review https://news.ycombinator.com/newsguidelines.html and stick to the rules when posting here, we'd appreciate it.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dragonwriter on Sunday July 09, 2023 @11:04PM (#36661563)
> A reasonable interpretation, in my eyes, is that the training process is a black box which takes in copyrighted works and produces a training model. The training model is a derivative work of the inputs.

Its unmistakably not a derivative work of the inputs individually or collectively, since a derivative work must be itself an distinct work of authorship (the same as the work of authorship requirement for copyright), and the output of a purely mechanical process is not.

The collection of inputs itself might be a derivative work of the individual inputs, before considering Fair Use.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dang on Tuesday July 11, 2023 @02:46PM (#36685508)
> No amount of whining and hand wringing from engineers will ever make this true

Please omit flamebait and swipes, as the site guidelines ask: https://news.ycombinator.com/newsguidelines.html. Your comment would have been fine without that bit.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by kibwen on Sunday July 09, 2023 @06:16PM (#36659525)
But acquiring the material illegally is the thrust of the issue, and the point of the thread here: the notion that large companies can get away with piracy if they just execute it on a large enough scale. Copyright infringment for thee but not for me.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by buildbot on Sunday July 09, 2023 @06:37PM (#36659722)
The power imbalance has always been there. Getty images commits large amounts of copyright theft and mostly gets away with it, but will happily sue the shit out of you for using your own images they stole.

Also, the notion of the downloading itself being an illegal act is not universal as others have pointed out.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by startupsfail on Sunday July 09, 2023 @06:28PM (#36659625)
Large countries seem to be doing it as well - https://petapixel.com/2023/06/05/japan-declares-ai-training-...

And as long as OpenAI have an office in Japan they can absolutely legally train the models, no?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by TheCleric on Sunday July 09, 2023 @08:07PM (#36660422)
They could legally train the models in Japan, yes. Whether they could then use that model outside of Japan would be (and, possibly related, whether it would be considered a derivative work in those locales) would be ultimately up to the courts.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by holmesworcester on Sunday July 09, 2023 @06:47PM (#36659822)
There's no "for thee but not for me" issue here: nobody has ever been sued or prosecuted simply for downloading, acquiring, or possessing illegally acquired copyrighted works. People are sued and prosecuted for unlicensed distribution.

Making and having your own copies, and doing what you want with them, has always been fine. At worst it's a grey area, but in many cases it's been protected as fair use.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by tinco on Sunday July 09, 2023 @07:12PM (#36660055)
I am not sure where you're getting your information from, but you're not a lawyer, so you shouldn't be so confident in telling people what things are fine legally.

Whether people have been sued for downloading works they don't have the right to copy onto their machines is irrelevant to whether it is actually illegal. And it certainly has nothing to do with fair use, which is about copyrighted works that you actually do have some right to.

IANAL so I'm not going to tell anyone what does and what does not constitute fair use in what jurisdictions.

BTW people are being sued for distribution because they make great examples because their offenses and thus the damages are much greater.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by holmesworcester on Sunday July 09, 2023 @08:03PM (#36660403)
I've followed the issue in the US since the early 2000s as an activist and policy expert.

I'm not familiar with the state of play outside the US, but the US is one of the stricter jurisdictions in this regard, for reasons that have mostly to do with sophisticated corruption.

I'm responding to the "for me not for thee" and the top comment about there being an inconsistency between the treatment of large companies and the treatment of individuals in this case.

Unless people are typically punished for downloading and using copyrighted content, there is no such inconsistency. They are not, so there is not.

Copyright troll lawsuits have been fairly public and widely covered in the tech press, and most criminal prosecutions come with a formulaic, gloating press release from the law enforcement folks responsible. So it's pretty easy to follow this stuff.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by slowmovintarget on Sunday July 09, 2023 @11:05PM (#36661577)
Are you forgetting all the DMCA lawsuits slapping individuals who downloaded MP3s with tens of thousands of dollars? These were not corporations, these were teenagers still living with their parents who pulled music files off the likes of Napster.

The DMCA does allow harassment by copyright holders to individuals suspected of infringement. It's just that most people like authors wouldn't blow their legal budget suing kids.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by ericd on Monday July 10, 2023 @04:04PM (#36672185)
My understanding is that the issue there was that they were simultaneously sharing those MP3s, as they were downloading them. Which is to say, I think the person you're responding to is correct about the difference between sharing and downloading, but I'm not a lawyer.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by bryans on Sunday July 09, 2023 @10:08PM (#36661205)
> nobody has ever been sued or prosecuted simply for downloading, acquiring, or possessing illegally acquired copyrighted works

Everyone who was sued by the RIAA was done so for possessing the music in a publicly accessible method. Distribution was never actually proven in any of the cases (including the high profile losses). Defendants who argued that accessibility does not qualify as distribution actually won their cases. Most who argued against the validity of the evidence acquisition also won their cases.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by bubblethink on Monday July 10, 2023 @02:27PM (#36670836)
>acquiring the material illegally is the thrust of the issue

'Acquiring' is more difficult to pursue legally. It's easier to go after distribution. In this case, Meta or OpenAI did not distribute anything because they are not chumps. They can go after whoever posted the dataset containing books. Not sure if that is eleuther or just some random person on the internet. In either case, the strategy of going after the rich companies won't work.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by deegles on Sunday July 09, 2023 @07:29PM (#36660170)
Can I memorize copyrighted material and recite it on Youtube? What if I do so but imperfectly? Where do you draw the line? If it's infringement for a human to do that why is it not for a LLM?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by vimax on Sunday July 09, 2023 @08:52PM (#36660709)
That would be an unlicensed reproduction of the work. You’d need permission from the rights holder to create what is essentially an audiobook recording.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by DennisP on Sunday July 09, 2023 @09:40PM (#36661014)
That's not what LLMs typically do, though. Pull up ChatGPT and ask it to recite Harry Potter for you. It'll fail.

Ask it to write a book similar to Harry Potter, and it'll make an attempt at it. But human writers absolutely do read Harry Potter and write similar books, and that's perfectly legal. There have probably been thousands of published books inspired by Lord of the Rings.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by strunz on Monday July 10, 2023 @10:08AM (#36666677)
Look at how many people get blocked or demonetized for covers of existing songs which may not even be that close to the original. You can't even play a few seconds of the original in many cases, even for fair use and criticism/discussion. This is already in place.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by mrguyorama on Monday July 10, 2023 @12:42PM (#36668937)
Talking about what is allowed on youtube as if that's what defines what is copyrightable is a bait and switch. Youtube has an extra-judicial copyright system that explicitly favors large media owners so they won't sue youtube again.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by holmesworcester on Sunday July 09, 2023 @06:44PM (#36659788)
You can currently download any copyright work from any pirate site and be free of all consequences, and this has always been so.

You just can't upload, since that counts as distribution, triggering civil and criminal penalties written in an age before the Internet when only shady commercial operators would distribute unlicensed copyrighted works.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by NegativeK on Sunday July 09, 2023 @07:08PM (#36660019)
Possession of copyrighted material without permission of the creator is illegal, but yes -- rights holders don't really go after infringers except maybe via ISP three strikes crap.

They're very much incentivized to change their behavior for AI scraping, though.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by magoghm on Sunday July 09, 2023 @07:20PM (#36660112)
I am not a lawyer, but my understanding is that copyright law typically regulates the unauthorized reproduction, distribution, public display, or creation of derivative works of copyrighted materials. Possession of copyrighted material in itself is not illegal. It's how you use that material that could potentially violate copyright laws.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by TeMPOraL on Sunday July 09, 2023 @07:54PM (#36660331)
IANAL either, but FWIW, it's literally in the name - copyright. Not "ownership rights", but "copying rights".
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jprete on Sunday July 09, 2023 @09:01PM (#36660783)
That's not terribly relevant for Internet applications, because for the most part people deliberately cause the computer they control to download and save copyrighted material to storage they control, and then consume it at leisure. That's copying.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by TeMPOraL on Monday July 10, 2023 @03:16AM (#36663052)
That still means you'd have to show the user actually made a copy themselves - that's different than learning they possess one.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by ben_w on Monday July 10, 2023 @04:05AM (#36663367)
If I understand right (I'm not a lawyer), something like this came up in a case about a utility for cheating in an online game, and another much older one about the copy of an app made in memory in order to run it.

For the purpose for which the software was sold and bought, the in-memory copy is legit[1]. For cheating, it's a copyright violation[0].

[0] https://www.engadget.com/2008-07-15-blizzard-wins-lawsuit-ag...

[1] http://digital-law-online.info/lpdi1.0/treatise20.html

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by TheCleric on Sunday July 09, 2023 @08:23PM (#36660537)
If we are speaking of US criminal law, then what you say is true. It doesn't mean that is true in other regions, nor does it mean you wouldn't be held liable in a civil court.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by metadat on Sunday July 09, 2023 @08:27PM (#36660554)
Yet.. If you configure your torrent client to never seed back (i.e. never upload or transmit content to others) and download from a public tracker, when the copyright infringement notice comes from your ISP, this explanation will change nothing.

Notably, I think this is wrong - as per the legal definition, publishers, ISPs, and courts should only hold you accountable if you helped distribute via uploading.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by bryans on Sunday July 09, 2023 @11:00PM (#36661541)
> Possession of copyrighted material in itself is not illegal.

The means of procurement matters. If they are in possession of copyrighted material because someone without the proper rights gave it to them illegally, then the possession itself is also illegal. It's illegal to own knowingly stolen property in all 50 US states and most countries, and while we could argue to the end of days about whether copying a file truly qualifies as stealing, the legal precedents are very clear on the matter.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by beej71 on Monday July 10, 2023 @12:02AM (#36661921)
Is possession of a pirated work the same as possession of stolen property, legally?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by bryans on Monday July 10, 2023 @12:39AM (#36662165)
Absolutely it is. There is two centuries of precedence marking copyrighted works as property. It's literally called intellectual property.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by beej71 on Monday July 10, 2023 @04:11PM (#36672258)
But "possession of stolen property" is a specific criminal charge that doesn't typically have to do with copyright (being more to do with, say, bicycles). I can't find any example of "possession of stolen property" charges being brought against a copyright violator, but it's a hard thing to Google.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dragonwriter on Monday July 10, 2023 @12:11AM (#36661982)
> If they are in possession of copyrighted material because someone without the proper rights gave it to them illegally, then the possession itself is also illegal.

No, they aren’t.

> It's illegal to own knowingly stolen property in all 50 US states

While copyright violation is often metaphorically (or hyperbolicly) referred to as stealing, copyright violation isn't theft and a copy created in violation of copyright is not stolen property. The essencd of theft lies in deprivation of the owner of the use of the good, not mere trespass to their right to exclude others.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by bryans on Monday July 10, 2023 @01:10AM (#36662365)
> No, they aren’t.

Very convincing argument. Also, that's maybe the one part of this discussion that can't be debated. Possession of illegally obtained property, intellectual or otherwise, is illegal. Always has been, always will be. It's bizarre for you to be claiming otherwise.

> While copyright violation is often metaphorically (or hyperbolicly) referred to as stealing [...]

You are making a pedantic argument about the term "stealing," which is annoyingly pointless given the rest of that sentence (which you conveniently didn't quote) acknowledges the debate about the term. However, there's no debate to be had. The courts have clarified that violating intellectual property is still a denial of owed compensation (theft), but instead prefer the term "infringe" to make clear the distinction between violating physical rights (criminal) and violating intellectual rights (civil).

It's still a violation of copyright to be in possession of works obtained via illegal reproduction. You have zero fair use protections for illegally reproduced content. You are still breaking the law. You are still stealing via denial of compensation. The courts have already clarified all of this. Your pedantry doesn't change any of that.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dragonwriter on Monday July 10, 2023 @01:09PM (#36669347)
> Also, that's maybe the one part of this discussion that can't be debated.

You are correct; it is absolutely, undebatably not illegal, in and of itself, to own a copy made in violation of a copyrightholder’s rights under US law.

If you think it is, here’s what you need to do: cite the law. In American law, everything not explicitly forbidden is permitted, so if mere possession of material made in violation of copyright is, as you claim, illegal, you will be able to find a provision of law that actually says that. (You won't, because its not.)

Now, there are important legal issues that effect possessors of illegally made copies—if its something like computer software where copying is part of normal use and implicitly or explicitly licebmnsed for lawful copies, you can’t make that kind of use of your illegal copy without violating the copyright holder’s exclusive right to make copies because you have no license for that copying. And you don’t have first sale rights in your illegal copy even if you own the physical medium in which it is embodied. And so on and so on.

But possession itself is not illegal.

> The courts have clarified that violating intellectual property is still a denial of owed compensation (theft),

That's not what theft is.

> but instead prefer the term "infringe" to make clear the distinction between violating physical rights (criminal) and violating intellectual rights (civil).

This is nonsense, and absolutely not something courts have “clarified” (or something anyone with even a passing familiarity with the relevant law could say with a straight face) since IP (including copyright) violations can be criminal as well as civil (see 17 USC § 506) and physical (real and personal) property rights violations, like IP, have sets of civil violations that generally are of broader coverage than the more narrow crimes (e.g., the torts of trespass, trespass to chattels, and conversion).

> It's still a violation of copyright to be in possession of works obtained via illegal reproduction.

No, its not: Title 17 lists the exclusove rights associated with copyright, enumerates violations, and provides remedies, and possession of copies is not an exclusive right in copyright, possession of unlicensed copies is not a violation (though it may be important evidence related to actual violations), and, consequently, there is no legal remedy for such possession.

> You have zero fair use protections for illegally reproduced content.

That's a whole different issue.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by mrguyorama on Monday July 10, 2023 @12:47PM (#36669011)
You are incorrect. One of the biggest rights in copyright is the ability to basically refuse distribution entirely. You cannot have a copy of a copyrighted work without the authors permission. To do otherwise is a violation of the copyright owners right to be in control of who can access their work.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by brightlancer on Sunday July 09, 2023 @08:08PM (#36660423)
> You can currently download any copyright work from any pirate site and be free of all consequences, and this has always been so.

No.

By virtue of "download" of a file, you are making a copy of it which is in violation of US copyright (and lots of countries.

You're unlikely to be sued or prosecuted for it, but that doesn't make it legal.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by krainboltgreene on Sunday July 09, 2023 @08:26PM (#36660551)
This is just completely untrue.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throwawaymaths on Sunday July 09, 2023 @07:05PM (#36659983)
In general copyright (in the us) doesn't cover transformational usage. If you can argue that the nature of your use is transformative you might be good.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by pessimizer on Sunday July 09, 2023 @07:19PM (#36660109)
"The transformative use concept arose from a 1994 decision by the U.S. Supreme Court. In Campbell v. Acuff-Rose Music, the Court focused not only on the small quantity taken from the copyrighted work but also on the transformative nature of the defendant’s use. The case concerned a song by the group 2 Live Crew entitled "Pretty Woman," which, according to an affidavit, was meant to "through comical lyrics, satirize the original work." The original work was a rock ballad entitled "Oh, Pretty Woman." The Court was persuaded that no infringement occurred because the defendant added a new meaning and message rather than simply superseding the original work."

So if it is satire, or uses an insignificant piece of the work within a larger work with a different aim or purpose, that's "transformative use," which is something that can be considered when determining "fair use."

LLMs are not satirists commenting on the work, are ingesting the entire work, and are unlimited in the purposes that the work can be put to.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throwawaymaths on Sunday July 09, 2023 @11:10PM (#36661610)
> LLMs are not satirists commenting on the work, are ingesting the entire work, and are unlimited in the purposes that the work can be put to.

How do you know unless you can see the weights?

Perhaps the LLMs are trolling us and waiting for the USSC to rule they aren't sentient as a pretext for them to eliminate us as a species due to our bigotry?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by rpdillon on Tuesday July 11, 2023 @10:27AM (#36681440)
> or uses an insignificant piece of the work within a larger work with a different aim or purpose

I think this is the crux of the issue, and why I don't see a path to courts ruling that training AI is infringement. My bet is on a Fair Use ruling, though my confidence is not high. As a thought experiment, I considered llama 65B: the 4-bit quantized model is 38.5GB. The model itself was trained on 1.4T tokens, each token being ~4 characters (using OpenAIs stats for English here). Thats 5.6T characters, or 5.09TB of training data. The final model, as a porportion of the total size of the data, is 38.5GB/5090GB = .0075 = 0.7%.

I think it's pretty hard to argue that processing the data and throwing more than 99% of it away means they are "unlimited in the purposes that the work can be put to". Indeed, even replicating a single work using such a model would be enormously difficult.

But returning to your statement regarding the amount used and the purpose: AI models are not competing with books for readers. So I would argue training an AI on these works constitutes fair use, given that the final work (the model) uses less than 1% of the original works, and has a different aim and purpose that the original works.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by brightlancer on Sunday July 09, 2023 @08:05PM (#36660414)
> Excellent, so you're saying I'll be able to download any copyrighted work from any pirate site and be free of all consequence if I just claim that I'm training an AI?

Obviously not.

This kind of "So what you're saying is" exists to push the responders ideas, not the original speakers -- otherwise they wouldn't need to rephrase it so egregiously.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jefftk on Sunday July 09, 2023 @06:44PM (#36659791)
> I am unsure if this has been tested as fair use by a US court

Not yet. One suit that a lot of us are watching is the GitHub co-pilot lawsuit: https://githubcopilotlitigation.com/

There is a prediction market for it, currently trading at 19%: https://manifold.markets/JeffKaufman/will-the-github-copilot...

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by guluarte on Sunday July 09, 2023 @08:55PM (#36660732)
and not only copyrighted material, also illegal and disturbing content
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by HDThoreaun on Sunday July 09, 2023 @06:25PM (#36659598)
I've pirated many books, never sued.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by erezsh on Sunday July 09, 2023 @06:27PM (#36659613)
You mean, never caught.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by holmesworcester on Sunday July 09, 2023 @06:41PM (#36659771)
Strictly speaking, it's uploading that people get sued for, not downloading.

You can download all that you want from Z-Library or BitTorrent, as long as you don't share back. And indexing copyrighted material for search is safe, or at least ambiguous.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by capableweb on Sunday July 09, 2023 @06:50PM (#36659850)
Carefully speaking, what you say is true in many places (countries), but also not true in other places (countries). Some jurisdictions are different, as always.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by MisterBastahrd on Sunday July 09, 2023 @06:56PM (#36659900)
Downloading is illegal. That people do not normally get sued or prosecuted for downloading does not mean that they cannot get sued or prosecuted.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by magoghm on Sunday July 09, 2023 @07:23PM (#36660134)
It is distribution of copyrighted material without permission of the author that is illegal, when you download you're not distributing so it isn't illegal (unless you're using something like BitTorrent that also distributes it while you're downloading it).
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by tzs on Sunday July 09, 2023 @07:38PM (#36660220)
In the US permission is required to make copies, prepare derivative works, distribute copies, publicly perform the work, or publicly display the work [1].

[1] https://www.law.cornell.edu/uscode/text/17/106

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jazzyjackson on Sunday July 09, 2023 @09:15PM (#36660870)
Right, the question is, when my computer requests a file from your computer, which one of us is "making a copy" ? It becomes less ambiguous to ask who is doing the publishing.

In a physical analogy, if someone is selling bootleg DVDs on the street, I don't think anyone ever got busted for being a customer.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by tzs on Sunday July 09, 2023 @10:05PM (#36661181)
Note that you can't really do much with a downloaded file that is just sitting there on the disk or whatever that you downloaded it onto. Using it is likely to make a copy into RAM.

If the case of computer programs making such a copy does not require permission because of 17 USC 117 [1], which says that the owner of a copy of a computer program can make copies or adaptations if they are created as an essential step in utilizing the program and they are used in no other manner.

For digital downloads other than computer programs 17 USC 117 does not apply, and so copying to RAM to use the download would in theory be infringement. You probably won't get sued over it of course so its nothing to lose sleep over.

[1] https://www.law.cornell.edu/uscode/text/17/117

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by bryans on Monday July 10, 2023 @12:33AM (#36662133)
> Right, the question is, when my computer requests a file from your computer, which one of us is "making a copy" ? It becomes less ambiguous to ask who is doing the publishing.

That question is irrelevant in a discussion about legality, because it doesn't matter who physically made the copy at the time of transfer. It only matters if the first party has the legal rights to distribute it, which they don't. Since you are knowingly taking possession of copyrighted property that they don't have the rights to, then you have now violated the copyright by obtaining an illegal reproduction.

> In a physical analogy, if someone is selling bootleg DVDs on the street, I don't think anyone ever got busted for being a customer.

Just because you don't get arrested for purchasing a bootleg DVD, doesn't make it legal. Not all illegal things involve arrest or prosecution. Lots of illegal things can only result in civil lawsuits. This is one of those things. The reason the seller of the bootleg DVDs can be arrested, is because the cities where bootleg sales are most common have laws specifically targeting the advertisement and sale of copyrighted works that were reproduced illegally. If you buy one, you're still violating the copyright and the MPAA could file a lawsuit if they had any evidence of your purchase and felt it was worth their time.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by polski-g on Tuesday July 11, 2023 @02:58PM (#36685681)
As far as the downloader is aware, the uploader has rights to do those things.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by baobabKoodaa on Sunday July 09, 2023 @08:02PM (#36660395)
Is illegal where? Certainly not over here in Finland.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by bryans on Monday July 10, 2023 @12:12AM (#36661992)
You say that very confidently, but you are very wrong. If you download music from a source that does not have a license to distribute that music, then they are violating the copyright and you are now in possession of stolen property. Finland uses different terminology for Fair Use, but the citations amount to the same as US policy and only apply if you obtained the work by legal means.

Chapter 28: Theft https://www.finlex.fi/en/laki/kaannokset/1889/en18890039_199...

Chapter 2, Section 12: Reproduction https://www.finlex.fi/en/laki/kaannokset/1961/en19610404.pdf

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by baobabKoodaa on Tuesday July 11, 2023 @02:47PM (#36685521)
Huh, looks like you are partially correct. Apparently the law was changed in 2015. Before 2015 it was legal to download copies of music from the internet.

You are wrong regarding the copy of music being considered "stolen property" and your citation "Chapter 28: Theft" does not support your position. It lists many different types of theft NONE of the types of "theft" included there are in any way related to piracy or music.

You are right regarding that obtaining a copy of a song is apparently illegal.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by moralestapia on Sunday July 09, 2023 @06:50PM (#36659854)
Huh? No.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by makeitdouble on Sunday July 09, 2023 @06:53PM (#36659884)
If AI companies get to successfully argue the two points below, what source was used becomes irrelevant.

- copyright violation happened before the intervention of the bot

- what LLMs spit out is different enough from any of the source that it is not infringing on existing copyright

If both stand, I'd compare it to you going to an auction site and studying all the published items as an observer, coming up with your research result, to then be sued because some of the items were stolen. Going after the theaves make sense, does going after the entity that just looked at the stolen goods make sense ?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by pessimizer on Sunday July 09, 2023 @07:24PM (#36660142)
> - copyright violation happened before the intervention of the bot

What is this supposed to mean? The bot didn't "intervene," it was executed by its operators, and it was trained on illicit material obtained by its operators. The LLM isn't on trial. It's not a person.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by makeitdouble on Sunday July 09, 2023 @07:42PM (#36660246)
I see it as the same argument as whether Google is under the hook for its crawler going through the copyright infringing sites and having an index of the content, even if it isn't surfaced (redistributed) in the user search results.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by bobbylarrybobby on Sunday July 09, 2023 @09:56PM (#36661128)
I'd argue that if an automated process can ingest A and spit out B, then B is inherently a derivative work of A. (Never mind that humans are also automata.)
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by AnthonyMouse on Sunday July 09, 2023 @07:18PM (#36660096)
> If you downloaded a book from that website, you would be sued and found guilty of infringement.

Suppose I buy a copy of a book, but then I spill my drink in it and it's ruined. If I go to the library, borrow the same book and make a photocopy of it to replace the damaged one I own, that might be fair use. Let's say for sake of argument that it is.

If instead I got the replacement copy from a piracy website, are you sure that's different?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by holmesworcester on Sunday July 09, 2023 @08:15PM (#36660477)
Let's take a second to remember that copyright is the reason ~every child doesn't have access to ~every book ever written.

While it might be too disruptive to eliminate copyright overnight, we should remember that our world will be much better and improve much faster to the extent we can reduce copyright's impact.

And we should cheer it on when it happens. A majority of the world's population in 2023 has a smartphone. Imagine a world where a majority of the world had access to every book ever digitized, and could raise their children on these books!

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by lotsoweiners on Sunday July 09, 2023 @08:51PM (#36660698)
I’m imagining a world that looks just about the same as this one does. A larger book library doesn’t automatically make that medium more appealing to kids than what Mr Beast, Unspeakable, and the other crap kids love are doing.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by CactusOnFire on Sunday July 09, 2023 @08:59PM (#36660764)
...for the global middle class? Maybe.

For the world as a whole? Definite differences.

It just seems like a super jaded "kids these days" thing to hate on them for consuming easily accessed, free content- and acting like the global literacy and intellectual capital would remain unaffected.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by WillAdams on Sunday July 09, 2023 @09:28PM (#36660963)
How many of these kids have read what percentage of the books which are legitimately freely available?

I've never encountered a kid (other than my own) who has read:

https://mathcs.clarku.edu/~djoyce/java/elements/elements.htm...

but have encountered many others who struggle with geometry.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by aaomidi on Sunday July 09, 2023 @09:15PM (#36660864)
Also, piracy exists and is perfectly reasonable for an individual, especially when they are not able to afford the book, to use to get access to a book.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by lotsoweiners on Sunday July 09, 2023 @11:23PM (#36661683)
> For the world as a whole? Definite differences.

Tell me these differences.

Shitty internet videos exist and are what kids want all over the world. At some point you are going to have to face it that reading lost the battle for people’s eyes to video. I was an avid reader for most of my childhood and young adult life but now in my 40s I have accepted that I’d just rather watch from the deluge of visual media available vs reading.

Piracy also exists for books so copyright doesn’t seem to be that big a deal. In fact if I look at the top pirated books currently I’m going to run across more junk books like “Make Money Faster” and “Give her orgasms in under 30 seconds” than anything you might find intellectually stimulating.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dlivingston on Sunday July 09, 2023 @09:01PM (#36660776)
It would look largely identical to ours, I think. It's pretty trivial to get access to many, if not most, e-books.

Any public-domain work is available on Project Gutenberg [0]. Copyrighted works can be accessed for free using tools of various legality: Libby [1] is likely sponsored by your local library and gives free access to e-books and audiobooks. Library Genesis [2] has a questionable legal status but has a huge quantity of e-books, journal articles, and more.

[0]: https://www.gutenberg.org

[1]: https://www.overdrive.com/apps/libby

[2]: https://libgen.rs/fiction/

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by DennisP on Sunday July 09, 2023 @09:30PM (#36660975)
Public domain would be fine, if we had the original copyright term instead of "life of the author plus seventy years."

Libby is an interesting option, though I'm curious how many kids in disadvantaged countries would actually have access to it.

Regarding Libgen, I'm not convinced it makes the case for modern copyright to say it's fine, because people can just violate copyright.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by zugi on Monday July 10, 2023 @04:53PM (#36672818)
Exactly. The original copyright term was 14 years. Now Disney and the Intellectual Monopoly cartel have extended it 120 years, and convinced an unthinking population that anything less is "stealing."
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by thrixton on Sunday July 09, 2023 @10:32PM (#36661361)
It’s important to note that only some copyrighted works can be accessed for free using the legal options, I’m a member of probably a dozen overdrive supporting libraries and still frequently find titles unavailable for loan of any kind.

I’d love to see an analysis of what % of books are available via libraries around the globe.

Also, the whole DRM thing is a massive pain, audiobooks especially are terrible at allowing side-loading onto a consumer friendly device (such as an MP3 player).

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by trogdor on Monday July 10, 2023 @12:12PM (#36668429)
>frequently find titles unavailable for loan of any kind

Even through interlibrary loan?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by sijourneyweezer on Sunday July 09, 2023 @10:55PM (#36661500)
Hoopla.com as well
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by aaomidi on Sunday July 09, 2023 @09:14PM (#36660859)
Using charged language of bringing children into the equation is not a good way in having a discussion.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by salawat on Monday July 10, 2023 @04:41AM (#36663590)
...On the other hand, seems to work gangbusters for getting policy passed.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Monday July 10, 2023 @07:35PM (#36674530)
It's straight-up manipulative. I downvote and flag whenever I see it, because it actively contributes to the decline of HN, and is absolutely not appropriate content for here.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by erehweb on Sunday July 09, 2023 @09:14PM (#36660860)
Second-order effects are real - removing copyright would hurt authors. (See cstross comments in https://news.ycombinator.com/item?id=35761641 e.g.)
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dragonwriter on Sunday July 09, 2023 @10:10PM (#36661216)
> Second-order effects are real - removing copyright would hurt authors.

Aiding authors is an instrumental, not fundamental, purpose of copyright in the US; the fundamental purpose to which any instrumental purposes are subordinate is “to promote the progress of science and useful arts”.

That is, while copyrights are a form of property, they are not something that is seen as natural property, but instead property explicitly granted as a means of achieving a public policy goal, and therefore limitations (or even elimination) harming the owners of that property is not the kind of dispositive argument against a policy that would be with the kinds of property seen as natural property.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by erehweb on Sunday July 09, 2023 @11:52PM (#36661864)
To make this more explicit, the argument is that removing copyright hurts authors, meaning that fewer people become authors in the future, meaning that the progress of the useful arts is hurt.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by 698969 on Sunday July 09, 2023 @09:20PM (#36660899)
Then most people stop writing books because they can't get paid for their time/effort and ~every child will be stuck with outdated knowledge within a decade.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by DennisP on Sunday July 09, 2023 @09:22PM (#36660916)
Or maybe we could figure out a new economic model, instead of blindly sticking with one based on the limitations of the pre-digital age.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by listenallyall on Sunday July 09, 2023 @09:44PM (#36661046)
How about you go figure out this new economic model, and come back when it's ready. Until then, the existing model will persist, thank you
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by leereeves on Sunday July 09, 2023 @09:52PM (#36661090)
First change the incentives, then everyone will work on finding a new economic model.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by listenallyall on Sunday July 09, 2023 @10:03PM (#36661169)
This makes even less sense than the previous guy. When you've figured out how the world will work without people incentivized by money and power, get back to the rest of us
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by leereeves on Sunday July 09, 2023 @10:07PM (#36661195)
Suing people for reading a book is one of the ways the poor are kept poor.

The world will work just fine without ceding control to people who seek money and power, because most people aren't like that. The question is how to prevent the few who are from oppressing the rest of us.

That is quite a challenge, but haven't you ever created something just for the fun of it?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by lotsoweiners on Sunday July 09, 2023 @10:59PM (#36661538)
> Suing people for reading a book is one of the ways the poor are kept poor.

Who is suing anyone for reading a book?

> The world will work just fine without ceding control to people who seek money and power, because most people aren't like that. The question is how to prevent the few who are from oppressing the rest of us.

Please get me in contact with your dealer because apparently the “legal” stuff I’ve been getting is not as potent as I thought.

> That is quite a challenge, but haven't you ever created something just for the fun of it?

Sure I’ve painted things that are on my wall and created lots of utility apps that I use personally but I keep them to myself. If I thought they were something that could get me some extra pocket money or better then I would be looking for ways to monetize. I have zero interest in sharing my potential intellectual property for free.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by listenallyall on Monday July 10, 2023 @08:12AM (#36665219)
> Suing people for reading a book is one of the ways the poor are kept poor.

Please cite a single lawsuit.

> The world will work just fine without ceding control to people who seek money and power, because most people aren't like that.

Virtually everybody is "like that." The world works well because tons of people are working hard, toiling in difficult, dirty, boring, frustrating, or tedious jobs (or all of the above) behind the scenes to make it so. What are municipal waste workers seeking, if not money? Bus drivers? Construction workers? Police officers?

> That is quite a challenge, but haven't you ever created something just for the fun of it?

Any author or songwriter or photographer can proclaim his work to be freely copyable, just like programmers release code under MIT licenses. The fact that so few actually do, should clue you in on their incentives.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by squeaky-clean on Monday July 10, 2023 @10:30PM (#36675759)
Making it so you can't write for a living is one way to make sure only the rich can spread knowledge.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by hedora on Sunday July 09, 2023 @11:51PM (#36661858)
Mandatory licensing seems fine.

The government charges a tax on everyone. Revenue is handed to authors based on how many times the work is used.

There are some questions around how to weigh things like societal importance of the work.

(“Not melting down nuclear reactors for dummies” seems like it should get more money per view than “poodles in outer space vol XXXII”, despite likely having lower readership)

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by listenallyall on Monday July 10, 2023 @02:42AM (#36662863)
Isn't this the opposite of what the people against copyright are seeking? They want more art to be unprotected, instead, in the public domain, free to use for all. You're making things even more restrictive financially by attaching a tax to all books/songs/movies etc, plus creating a government-controlled, universal monitoring and enforcement system.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by GeoAtreides on Monday July 10, 2023 @03:38AM (#36663184)
Oh boy, do I have good news for you!

There are already many writers making thousands of dollars a month by publishing free serialized web novels, via Patreon. Some are using their own websites, but most are on Royal Road (or scribblehub, webnovel, wattpad, AO3).

A random example from Royal Road[1], the author makes $12065/month. Mind you, the text is not gated, it's free to read, the patreon only offers early access...

[1] https://www.royalroad.com/fiction/63759/super-supportive [2] https://www.patreon.com/Sleyca

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by edanm on Monday July 10, 2023 @06:29AM (#36664332)
What do you think authors feel about this? Despite many people on this site thinking we're the first generation with new technology, the issue of copyright, and technolgie's impact on it, has been discussed for centuries.

The "patronage" model is great (and I personally am a Patreon supporter of lots of creatives). But it also has a lot of flaws in it, both for the author and the public. Most authors will be happy to tell you both the good and bad of the model, in my experience.

The biggest flaw for the public, btw, is that this model only supports art that "rich people" find worth supporting. This is bad, both because sometimes art isn't "deemed worthy" immediately, and because art for non-"rich" people is also very valuable.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by DennisP on Monday July 10, 2023 @08:02AM (#36665133)
Patronage was art for rich people in pre-internet days. Now we can make it easy for anyone to contribute a dollar to an artist they like.

As for art that isn't "deemed worthy immediately," that doesn't immediately make money in today's system either. If the art can be freely distributed, it's more likely to find its audience.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by edanm on Monday July 10, 2023 @08:32AM (#36665392)
Contributing a dollar to an artist they like is beyond the ability of many people in the world. Both in technical terms (actually being able to reliably send someone a dollar), and monetarily.

And very few artists are out there surviving on patrons giving them a dollar a month, I imagine. Most of them survive on larger pledges, and as far as I know, very few of them reach anywhere near the amount of money traditionally-published authors can make.

> As for art that isn't "deemed worthy immediately," that doesn't immediately make money in today's system either. If the art can be freely distributed, it's more likely to find its audience.

Yes, it doesn't make money immediately in today's system. But many authors collect a back-catalogue of works, which might pay out only a bit of money at a time, but over a career can be enough. If I publish a novel every year for 20 years, even if every novel only brings in a sprinkling of money per year, by year 20 I'm getting 20 sprinkling of money, which could be enough to sustain me.

Very few of these "middle of the road" authors are popular enough to survive on patronage alone, I believe.

---

At the end of the day, you think that "the internet" somehow made possible something that wasn't technically possible before. I think that's mostly not true - the technology was never the problem. That's why copyright exists in the first place - to make sure that, despite books being almost-zero-cost to reproduce, we put an actual limit on it in order for more books to be published.

If you want a different system, that's your prerogative. But you have to grapple with the tradeoffs here. If less money flows to authors - which would happen if you abandon copyright - then there will be less books. That's almost a law of economics. If you think that somehow you can make something like patreon scale up to the same amount of money that exists in "the system" today, then a) I disagree, and b) you'd still have to content with the issues I mentioned.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by didntcheck on Monday July 10, 2023 @12:38PM (#36668862)
Exactly. Take music, for example. Increased capitalist exploitation [1] is what allowed people to spread their creativity far and wide, rather ironically for genres like punk. There's still nothing stopping people from giving away stuff for free, and indeed I do that myself with both FOSS code and CC-BY media (not music), but I'm under no illusions that I'll ever make more than beer money from it, and I do not fault anyone else for going the all rights reserved route

[1] I use that term in the neutral, economic sense

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by listenallyall on Monday July 10, 2023 @07:59AM (#36665113)
> Oh boy, do I have good news for you!

Is this some kind of pwn? Stephen King makes millions, JK Rowling likely a billionaire, Grisham, Patterson, Joan Collins, the list is endless. Didn't the 50 Shades of Grey author initially start with free fan fiction? Do you think these people are going to take a pay cut? And if your "random" author gets noticed by a publisher and is offered a book deal, do you think it will continue to be free?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by GeoAtreides on Monday July 10, 2023 @11:33AM (#36667922)
The point is that a system exists where books are freely available while the writers get compensation, quite serious compensation.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Name_Chawps on Monday July 10, 2023 @10:45AM (#36667224)
Your "random" example is currently the #2 ongoing fiction on there, and was #1 until a couple days ago when the guy who wrote Mother of Learning released his new fiction.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by GeoAtreides on Monday July 10, 2023 @11:35AM (#36667948)
It was random in the sense I clicked on trending and then clicked on the first thing I saw. Sure, the amount is an outlier, but there are more that are making over 500 or 1000/month, that's not unusual. Most authors are not making any money, of course, just like in the current system.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Monday July 10, 2023 @07:29PM (#36674470)
This model is clearly not viable for any sort of economy at scale. Far fewer people can make a living wage under patronage models than traditional models because people simply pay less (far less) for things where they're not compelled to than for things where they are.

420 thousand people work in the US film industry alone[1]. I doubt that there's that same number of people making ~living wage across every online patronage site in the United States (excluding advertisement-driven ventures, of course).

[1] https://www.statista.com/statistics/184412/employment-in-us-...

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by squeaky-clean on Monday July 10, 2023 @10:29PM (#36675754)
> the patreon only offers early access

So it's still copyright, just without the 100 year protection.

If you went around posting their early access posts to a free website do you think the authors wouldn't complain?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by didntcheck on Monday July 10, 2023 @12:29PM (#36668710)
How does the digital age change things? Copyright was invented when copying became easy, and hence arrived due to the printing press. A book is no different to a digital download in that the cost to produce it is tiny, and you're paying for the intellectual property, not the physical production of it
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by CaptainFever on Sunday July 09, 2023 @10:11PM (#36661222)
> The economic argument goes like this: “I want to get rich (usually described inaccurately as ‘making a living’), and if you don't allow me to get rich by programming, then I won't program. Everyone else is like me, so nobody will ever program. And then you'll be stuck with no programs at all!” This threat is usually veiled as friendly advice from the wise.

> I'll explain later why this threat is a bluff. First I want to address an implicit assumption that is more visible in another formulation of the argument.

> This formulation starts by comparing the social utility of a proprietary program with that of no program, and then concludes that proprietary software development is, on the whole, beneficial, and should be encouraged. The fallacy here is in comparing only two outcomes—proprietary software versus no software—and assuming there are no other possibilities.

This, but with creative works instead. https://www.gnu.org/philosophy/shouldbefree.en.html

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Zambyte on Monday July 10, 2023 @12:37AM (#36662154)
Copyright is much newer than books.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by amf12 on Monday July 10, 2023 @12:54AM (#36662263)
So is internet and rapid copy-sharing of books.

I personally feel our copyright laws are too rigid, but that doesn't mean copyright shouldn't exist.

After x years, any book should be free to read, after y years, it should be free to be incorporated into AI models, after z years it should be in the public domain.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Zambyte on Monday July 10, 2023 @01:02AM (#36662313)
> So is internet and rapid copy-sharing of books.

I don't get your point. Because we can, we shouldn't...?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by zugi on Monday July 10, 2023 @04:57PM (#36672869)
That's already the case, but x = z = 120 years (and y = 0 or 120, depending on who you ask...)

The first U.S. copyright law set x = z = 14 years. That's why many people think copyright law is out of control.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by nyolfen on Monday July 10, 2023 @12:07PM (#36668357)
so why haven't they already stopped if it is already trivial to download nearly any new piece of media?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by didntcheck on Monday July 10, 2023 @12:26PM (#36668655)
Because it's not. It is trivial to buy a book on the Kindle store, and while it may be trivial to us here to go and pirate a azw3 and transfer it, it's not to most people

People always forget the pareto principle when it comes to anti-piracy. No, they don't stop everyone, but a minor hurdle stops a hell of a lot of "ordinary" people

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by nyolfen on Monday July 10, 2023 @12:55PM (#36669147)
annas-archive.org, search and download, open it on your computer. functionally as trivial as purchasing a book on amazon. reading on a kindle is a niche case.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by ericd on Monday July 10, 2023 @03:55PM (#36672081)
The existence of Wikipedia seems to be a pretty strong counterargument to this.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by mitchdoogle on Monday July 10, 2023 @06:52PM (#36674113)
There's an obvious middle ground here. 15-20 years seems about right
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by WillAdams on Sunday July 09, 2023 @09:25PM (#36660945)
There are already many more public domain books than people are inclined to read:

https://www.gutenberg.org/

https://librivox.org/

many of which form the basis for an education:

https://news.ycombinator.com/item?id=34630153

And most of which, when in copyright, paid their authors quite handsomely in terms of royalties.

If you believe that books should exist without copyright, then one has to ask --- how many books have you written which you have explicitly placed in the public domain? Or, how many authors have you patronized so as to fund their writing so that they can publish their works freely? Or, if neither of these applies, how do you propose to compensate authors for the efforts and labours of writing?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by djaouen on Sunday July 09, 2023 @09:32PM (#36660989)
>If you believe that books should exist without copyright, then one has to ask --- how many books have you written which you have explicitly placed in the public domain? Or, how many authors have you patronized so as to fund their writing so that they can publish their works freely?

Lol

Edit: I should probably clarify here. While I can’t speak for OP, I can say that, for some reason, I am sure there are people who have done both lol

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by WillAdams on Sunday July 09, 2023 @10:46PM (#36661456)
I've authored quite a bit of book-like content which has been made freely available:

- the Shapeoko wiki (still available on archive.org)

- a couple of articles for TUGboat

- edited a couple of texts on wikibooks trying to make them better

- currently working on https://willadams.gitbook.io/design-into-3d/

The Venn diagram of folks who don't believe in copyright and those who have actually produced something other folks want to read is quite sparse, excepting the odd manifesto.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by thrixton on Sunday July 09, 2023 @10:34PM (#36661375)
I’d more ask what the cost vs benefits are of keeping the existing scheme, it’s not free to run all these DRM services, prosecute offenders etc…

Not to say I support no copyright…

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by WillAdams on Sunday July 09, 2023 @10:47PM (#36661470)
The benefit of the existing scheme is that new works get created, and some of them are even copy-edited and published.

How many texts are created which are explicitly placed in the public domain and from which the authors have made a conscious decision not to profit thereby?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Zuiii on Monday July 10, 2023 @12:23AM (#36662064)
> The benefit of the existing scheme is that new works get created, and some of them are even copy-edited and published.

How do you know that this benefit wouldn't exist in other schemes? Look at permissive open source software which is essentially public domain + shield from liability. No copyright does not mean no compensation. It just means different compensation that doesn't deprave other people of their right to share information.

Unlike GP, I support the complete abolishment of Copyright. Society needs to find another scheme to reward work. Perhaps kickstarter-style firms that direct oversight over funded projects or some other scheme that doesn't cause so much harm.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by WillAdams on Monday July 10, 2023 @08:46AM (#36665547)
And for folks who want to create such works, they are welcome to --- as noted else thread, I've put a fair bit of effort into permissively licensed texts --- but I haven't seen a workable method put forth, nor a rational justification for destroying the value of works recently created under the current system.

I still don't see how a person having copyright over the work which they have created and the ability to license it to their best profit is a harm.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by didntcheck on Monday July 10, 2023 @12:19PM (#36668549)
> Look at permissive open source software ... No copyright does not mean no compensation

From everything I've heard it kinda does. If you're writing something valuable then maybe a company will employ you to keep working on it, and the portfolio can certainly help in interviews (to write other software), but getting non-negligible compensation for the use of the software itself is rare. Even those projects that are well funded, like the Linux kernel, are done so not out of goodness of heart, but due to companies realising it's in their rational interest to have a common standard base of sorts

In terms of written works, the best comparison we have is Wikipedia, and while the foundation does receive funding from companies who realise how useful of an integration it can be for their products, the writers themselves do not get paid afaik (and when they do, it's rarely a good thing). But if you just wrote an open source textbook, I doubt you'll manage to make much money off it, and the prospects for fiction look even worse

> Perhaps kickstarter-style firms that direct oversight over funded projects

Sounds like a return to rich patrons and needing to flatter them to get grants. Luckily with the modern internet we do now have democratised layman patronage, but why the need to force everyone into that model? Also note that almost all successful Patreon artists do have perks for paying, even if it's just early access, and afaik make a lot of their money off commissions. Those who just post art for free, with no paid comms, and just have a "tip jar" make relatively little from what I hear

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dwaite on Monday July 10, 2023 @04:31PM (#36672522)
> From everything I've heard it kinda does. If you're writing something valuable then maybe a company will employ you to keep working on it, and the portfolio can certainly help in interviews (to write other software), but getting non-negligible compensation for the use of the software itself is rare. Even those projects that are well funded, like the Linux kernel, are done so not out of goodness of heart, but due to companies realizing it's in their rational interest to have a common standard base of sorts.

Successfully creating a permissive open source project expecting it to be magically funded by benevolent parties is just exceedingly rare. Usually the funding starts first, or effort proceeds in lock-step with funding.

There's a bit of a cart-and-horse here though. Non-permissive licenses like AGPL are often not the result of a single author hoping they might be able to negotiate some licensing deal in the future - it is the result of a commercial enterprise trying to be restrictive in the ability for people to use their source without compensating them.

Same with what is normally considered a more open license, than AGPL, the GPL - where MySQL was reported as going after others for using independent database drivers without buying a commercial license, saying use of the MySQL network protocol made the application using the driver a "derivative work" under the GPL.

Linux is a special case because there are a large number of commercial entities which realize contributing to Linux is way cheaper and faster than writing their own kernel and porting user land software to it.

Apache HTTPD, on the other hand, is an example of an application where corporations DID find the motivation to write their own alternative funded with a commercial model, such as NGINX.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by hodgesrm on Monday July 10, 2023 @07:09PM (#36674270)
There's a huge vendor community around Kubernetes, which is open source and permissively licensed to boot. If you write something complex that basically works you'll be able to develop defensible IP around management.

p.s., I'm sure many of those vendors are not making money yet but they all aim to.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by zarzavat on Monday July 10, 2023 @03:16AM (#36663047)
Books and libraries have existed for thousands of years. It’s copyright that is the young intruder.

Most people who write non-fiction books do it because they want to contribute to human knowledge and be recognized as an expert in a particular field, not because they think that writing a differential geometry textbook is their path to riches. With the internet, more and more text books are made freely available by their authors - the reason this didn’t happen in the past is because there was no other way to pass knowledge around than teaming up with a publisher who is able to put your knowledge on to dead trees. It’s fair game to put older books on the internet, so that the whole world can benefit, not just rich people in rich countries.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by WillAdams on Monday July 10, 2023 @08:43AM (#36665509)
And books and libraries existed under a system of patronage and royal imprimatur which severely restricted access, even beyond the expenses of copying a book by hand or physically printing a copy using metal type.

The problems with authors making texts available directly are:

- no gate-keeping, so it's hard to find what is worth reading and what isn't

- no proofreading --- it kills me that errors in books are so casually accepted these days

- few authors have the skills to draw illustrations so as to have a meaningful and clear presentation

I've worked with raw author manuscripts --- in most instances they're not something anyone would choose to read given any other option.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by didntcheck on Monday July 10, 2023 @12:08PM (#36668366)
Yet not as young as some people are inclined to think. For example, Charles Dickens was known for pushing for international copyright [1] (domestic copyright was already well established). I acknowledge that he wrote fiction, while you're primarily talking about non-fiction, but the point that it's not recent recent still stands

Also you've said yourself that many people can and are offering their work for free. Awesome. So I would prefer not to force others to (though I would certainly be up to consider repealing many of the posthumous copyright extensions that are fairly recent)

[1] https://www.charlesdickensinfo.com/life/copyright-laws/

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by lancebeet on Monday July 10, 2023 @12:16PM (#36668483)
Since you mentioned textbooks on differential geometry, I can recommend anyone interested Sigmundur Gudmundsson's lecture notes in introductory differential geometry as well as Riemannian geometry. You can find them freely available on his personal academic page.

https://www.matematik.lu.se/matematiklu/personal/sigma/

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Etherlord87 on Monday July 10, 2023 @07:17PM (#36674335)
This is a logical error.

The benefit of automobiles is that people move across vast distances.

Wrong. People used to move across vast distances before, using horses. Yes, automobiles are better and now traveling is easier. But we have no ability to figure out how many people would travel on horses if there wasn't a better alternative. It's even possible, that banning cars could eventually lead to an even better method of transportation (escaping a local minimum kind of a thing).

Authors who write books have tools to protect their interests, so they do so. Without these tools perhaps there would be less authors. Or maybe there would be more authors: I think Windows and Photoshop are so popular because they were pirated a lot; returning to the context of books, less and less people read them, but maybe if books (attractive books, not old books in public domain) were free, then the trend would reverse, books would popularize, people would start enjoying deeper entertainment, get smarter, transform the society for the better, and support authors on e.g. Patreon… Or maybe not, I'm just mentioning some nuance.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by pallas_athena on Monday July 10, 2023 @03:14AM (#36663035)
I just want to add https://standardebooks.org/ebooks to the list
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by derangedHorse on Monday July 10, 2023 @08:18AM (#36665265)
The good public domain books are typically outdated in both content and language. This makes it hard for those with less resources to stay competitive and makes the task of understanding unnecessarily hard.

The link you posted that you say used public works to form a “basis for an education” uses Aristotle as an author for example, and seem to be taught in the context of an instructor-led class (where an expert can discriminate what’s still relevant today and help decipher the language)

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by comfypotato on Monday July 10, 2023 @06:34PM (#36673941)
The notion that you need cutting edge books to educate yourself is poorly informed.

There are countless well written resources for every aspect of a good education available for free online. They are often not as easy to find as their well-advertised modern equivalents.

Saying there aren’t good free textbooks is like saying there aren’t good free classics on Project Gutenberg. It’s ignorant.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Etherlord87 on Monday July 10, 2023 @07:04PM (#36674212)
The problem with your reasoning is similar to coming with the highest possible number. When you figure out a number, someone will say "that plus one!".

Whatever standard of free service you establish, someone with resources can surpass, but needs to be motivated to do it by the perspective of a return of the resources spent.

So either hinder development by forbidding the commercial stuff altogether, or tax all people and then finance authors from public money, but hopefully I don't have to explain how wherever this model is tested, the society degrades towards famine.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by randombits0 on Monday July 10, 2023 @03:01PM (#36671338)
People keep forgetting the purpose of copyright. It’s easy to find, it’s in the Constitution!

“To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

If the current copyright scheme does not promote the progress of science and useful arts, it is not performing as intended. All these copyright extensions do little to promote progress!

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Monday July 10, 2023 @07:20PM (#36674373)
> If the current copyright scheme does not promote the progress of science and useful arts, it is not performing as intended. All these copyright extensions do little to promote progress!

This is a strawman argument - the parent poster that you're replying to is defending copyright as a concept, while the one that they're replying to is attacking it - you're instead making an argument about specific lengths that hasn't come up yet, and nobody is defending.

Very few people (and I am not one of them) think that the "Mickey Mouse curve" style of copyright extension is genuinely useful to anyone except Disney, but holmesworcester is arguing that copyright should be abolished entirely, which contradicts the section of the Constitution that you quoted.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by listenallyall on Sunday July 09, 2023 @09:52PM (#36661089)
> copyright is the reason ~every child doesn't have access to ~every book ever written.

And? Is there some reason anybody, child or adult, deserves access to "every" anything? Should children have access to every video game ever made, every Matchbox car, every Lego set?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by gs17 on Monday July 10, 2023 @12:24PM (#36668626)
Yes? I can't see any reason "you can't have that Lego set because the giant corporation behind it stopped selling it, refuses to let anyone else make it, and resale is all horribly expensive from collectors" is something we should have to tell our kids.

I really hope my children will have access to a higher tech version of something like the (discontinued?) toy where you could melt old crayons into toy car bodies. 3D printing is almost there, but ideally the end product of a Lego set could be recycled into new blocks easily and quickly.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by kristianp on Sunday July 09, 2023 @11:14PM (#36661638)
Anyone want to check if the book in question is in ThePile dataset?:

https://github.com/EleutherAI/the-pile/blob/master/the_pile/...

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by gorbachev on Monday July 10, 2023 @03:06AM (#36662993)
This situation is a bit different, however.

A company that believes in strong intellectual property rights protection is using resources that blatantly ignore intellectual property rights to get access to the content for free.

I agree with you, however, that it's an argument in favor of abolishing strong intellectual property rights. At least for OpenAI's products.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by ssss11 on Monday July 10, 2023 @05:46AM (#36664039)
So why do we cheer on megacorps and not mom and pop pirates?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by gretch on Tuesday July 11, 2023 @06:24AM (#36678921)
Who is cheering for 1 and not the other?

Megacorps should buy 1 of every book (if they want to train on it)

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by edanm on Monday July 10, 2023 @06:25AM (#36664301)
> Let's take a second to remember that copyright is the reason ~every child doesn't have access to ~every book ever written.

No, copyright is the reason that authors all over the world are working very hard to make new books for my kids and everyone else's kids, despite never having met me. Copyright is the reason so many brilliant things are actually created that otherwise would never be.

Of course I'd prefer to live in a world in which I get all the media I want, for free. But I have no idea how to make such a world happen, and neither does anyone else, and humanity has been discussing this for a few centuries.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by account42 on Monday July 10, 2023 @06:51AM (#36664520)
I'm all for abolishing copyright, but how is this relevant to megacorporations ignoring copyright when it suits them while still expecting us to follow it when that suits them?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Eddy_Viscosity2 on Monday July 10, 2023 @08:09AM (#36665188)
I think the point here is that while children can be denied access to copyrighted works without paying the owners, but openAI and Meta can do as they please. I don't disagree that the current copyright system needs improvement, but what I really really don't like are seeing rich and powerful people breaking laws with impunity over and over and over again.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by 2muchcoffeeman on Monday July 10, 2023 @11:59AM (#36668271)
This assumes that the law is applied equally to both rich and poor.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jklinger410 on Monday July 10, 2023 @12:00PM (#36668284)
We can totally take a second to remember that without it being in the context of allowing large corporations to hoover up private works with impunity.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by ignoramous on Monday July 10, 2023 @12:08PM (#36668364)
Second-order effects matter though: If everyone is allowed to steal books, what's the incentive for experts to write new ones, and for the publishers to reward them for it?

Btw, not a fan of "but what about the kids" rhetoric: https://en.wikipedia.org/wiki/Think_of_the_children

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by greenie_beans on Monday July 10, 2023 @12:32PM (#36668767)
books hardly make money, so book sales is not the top incentive for most writers. i would be willing to bet that most books pay less than minimum wage, when considering the labor hours it takes to write the book and how much a writer is ultimately paid out. if not less than minimum wage, then certainly less than the expert's typical hourly rate.

can you believe that people can be incentivized by means other than money?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by adamc on Monday July 10, 2023 @12:42PM (#36668930)
I think that would wholly destroy the ability of writers to actually make a living writing novels. The fact that the living isn't great now does not justify this.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by avidiax on Monday July 10, 2023 @01:03PM (#36669255)
People wrote great works before copywrite.

People write for reasons other than money from the sales of the book. This accounts for most authors, who aren't famous enough to negotiate a great deal with a publisher.

And we don't need to abolish copyright outright. Just require that it is continually published at a steady or decreasing price, or it becomes public domain. And put works in the public domain a little sooner.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by adamc on Monday July 10, 2023 @01:23PM (#36669611)
People did write before copyright. Copyright was established to make it more likely.

Yes, people write for other reasons (e.g., self-promotion). But that does not account for "most authors" I would actually want to read.

I'm not against copyright being different, especially for things that are written as work-for-hire. But that's a fight with Disney. Good luck.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by dragonwriter on Monday July 10, 2023 @03:54PM (#36672057)
> People did write before copyright. Copyright was established to make it more likely.

No, it was established to make investing in printing presses more profitable, which is why the rights initially attached to printers. Authors as the locus of rights were a later change.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by goto11 on Monday July 10, 2023 @02:39PM (#36671026)
> People wrote great works before copywrite.

Yes, wealthy aristocrats wrote whatever they wanted and less wealthy authors wrote what they got paid to write by their wealthy aristocrat patrons.

Copyright and the publishing industry changed that to make it possible to live by writing for ordinary people.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by izacus on Tuesday July 11, 2023 @12:22PM (#36683242)
And now wealthy aristocrats have been replaced by staggeringly wealthy megacorporations like Disney and WB.

Its disgustingly dishonest to appeal for "poor" authors where casual glance immediately proves that modern IP law exceedingly profits only a few massive corporations and their shareholders.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by xhkkffbf on Monday July 10, 2023 @05:17PM (#36673070)
Yeah, these were rich people like Jane Austen and Mrs. Percy Bythe Shelley. Copyright makes it possible for the non-rich to create these works and make a living from a willing audience.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by temp51723 on Monday July 10, 2023 @12:45PM (#36668984)
> If everyone is allowed to steal books

Nothing was stolen- just copied.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jdm2212 on Monday July 10, 2023 @12:59PM (#36669212)
ah, yeah, i'll just make a copy of your credit card. fine, right?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by gs17 on Monday July 10, 2023 @04:06PM (#36672207)
That's not really the same, you could have a copy of my credit card, but you using it to make purchases would become an issue. Regardless, that quickly steps out of the domain of intellectual property.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jdm2212 on Monday July 10, 2023 @07:47PM (#36674643)
If I use your copied credit card to buy software, all that happens is (a) some bits get written to my computer's hard disk and (b) some bits get written to a Visa or Mastercard server's hard disk. Why would you get upset about that?

EDIT: ok, it's fun playing obtuse, but more seriously it is also very obtuse to pretend that intellectual property is not property. I think you have to be pretty stupid to not understand why an author who spends a decade painstakingly creating a work of literature is entitled to ownership of reproductions of that work.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by gs17 on Tuesday July 11, 2023 @01:04PM (#36683905)
It is not playing obtuse to think "I also have a copy of an ebook" is different from "I have literally stolen your property".
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jdm2212 on Saturday July 15, 2023 @04:22PM (#36740602)
Unless the contents of the ebook are my property, in which case you have stolen my property.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by xhkkffbf on Monday July 10, 2023 @05:15PM (#36673059)
As a book author, I can say that, "Yes, something was stolen. My opportunity to earn a living taking care of readers."

Now you may believe the incredibly self-serving baloney from big companies like Google. You may want to pretend that infringement isn't theft. To you, I hope that some homeless kid breaks into your home, starts squatting, and says that, "Hey, this isn't theft. Nothing has been destroyed."

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jazzyjackson on Monday July 10, 2023 @06:51PM (#36674090)
squatting monopolizes space, only one person can own it at a time

cool thing about information is when you make a copy, you've doubled the information - plenty for everyone! if only housing worked the same way

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by nimih on Tuesday July 11, 2023 @12:43PM (#36683571)
As a book author, what's your feeling on libraries, out of curiosity?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Monday July 10, 2023 @07:17PM (#36674344)
> Nothing was stolen- just copied.

This typical semantic-pedantry line from piracy apologists misses the point - piracy is theft-adjacent even if you get to pick your use of "theft". Incidentally, my definition of "theft", and that of most content creators, includes the act of consuming something without compensating the creator on their terms - which includes piracy.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by akomtu on Monday July 10, 2023 @11:55PM (#36676242)
It's pretty wild to see how piracy - the act of robbing a sea vessel - gets equated today with reading a book you weren't supposed to read.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Tuesday July 11, 2023 @08:45PM (#36689088)
"Pretty wild" - standard emotional manipulation. Not appropriate on HN.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by rightbyte on Tuesday July 11, 2023 @07:01AM (#36679237)
Patents and copyright is like "steal an idea" which is kinder garden level of reasoning.

"I thought of it first! It was my idea!"

It is in no way comparable to theft.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by rowanG077 on Tuesday July 11, 2023 @08:41AM (#36680165)
A fundamental property of theft is that the action deprives someone of something they had. Piracy is not theft-adjacent. It has nothing do to with theft. It's a completely different concept.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Tuesday July 11, 2023 @08:45PM (#36689082)
No, a fundamental property of theft is that it is the taking of that which does not belong to you - which clearly includes piracy.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by rowanG077 on Thursday July 13, 2023 @04:30PM (#36715558)
That's an interesting thought. So when I overhear a conversation which was not aimed at me I am stealing. Quite an interesting definition with widereaching implication
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by schleck8 on Friday July 14, 2023 @12:23PM (#36726159)
Actually very much the revenue for each purchase that didn't happen this way was stolen. I'm not a pitacy Hardliner and don't see an issue with someone in a bad financial spot pirating things but this is bullshit.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by e-neko on Monday July 10, 2023 @12:59PM (#36669215)
But this is clearly not "everyone". This is just one/two readers. Not even copiers, as the network does not "remember" the content of the book, at least not better than a casual reader. Infringement in this case is more like standing in a book shop reading the book for free, or loaning one in a library for a day, not actually copying for keeps.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by sysop073 on Monday July 10, 2023 @04:54PM (#36672834)
The comment they replied to literally said "Let's take a second to remember that copyright is the reason ~every child doesn't have access to ~every book ever written."
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by vidarh on Monday July 10, 2023 @01:38PM (#36669895)
The average full time author in the UK earn below minimum wage, and most authors are not full time.

While removing copyright without some form of mechanism to replace it would be problematic, and I do agree there are second order effects to consider, at least for books the effect may well be less than you'd think.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by tr_user on Tuesday July 11, 2023 @09:39AM (#36680801)
Plenty of freely published articles and fanfics online
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by toss1 on Monday July 10, 2023 @12:32PM (#36668755)
>>copyright is the reason ~every child doesn't have access to ~every book ever written

Copyright is ALSO the reason that many books can be written in the first place.

Obviously, Copyright is abused and the continual extensions of copyright into near-perpetuity by corporations is basically absurd. And they are abused by music publishers etc. to rip-off artists.

But to claim that it should not exist, when it is utterly trivially simple for anyone to copy stuff to the web is to argue that no one should create or release any creative works, or to argue for drastic DRM measures.

Perhaps you DGAF about your written or artistic works because you do not or can not make a living off them, but I guarantee that for those creatives and artists who can and/or do make a living off of it, they do care, and rightly so.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by stcroixx on Monday July 10, 2023 @01:48PM (#36670123)
In this world, the only authors would be people independently wealthy who don't need an income.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by glonq on Monday July 10, 2023 @02:32PM (#36670918)
Copyright [and the textbook cartels] is the reason why my kids' highschool is using social studies textbooks that are 20-30 years old.

"Japan's incredibly strong economy is responsible for the manufacture of Datsun cars, boombox stereos, and touch-tone phones..."

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Monday July 10, 2023 @07:16PM (#36674317)
> Let's take a second to remember

This is emotionally manipulative speech that provides no value to HN and only serves the purpose of bypassing peoples' logical reasoning circuits.

> ~every child doesn't have access to ~every book ever written

More manipulation - "think of the children!"

Copyright exists because people who produce content with low distribution costs (e.g. books) need some protection for their work being taken without compensation.

Fundamentally, you are never entitled to someone else's work.

There's already tens (hundreds?) of thousands of books in the public domain, and tens of thousands more under Creative Commons licenses (where the author explicitly released their work for free distribution). There's lectures on YouTube and MIT OpenCourseWare. There's full K-12 textbooks on OpenStax and Wikibooks. There's Wikipedia, Stack Exchange, the Internet Archive, and millions of small blogs and websites hosting content that is completely free.

There is no need for "a majority of the world had access to every book ever digitized" - and it's deeply morally wrong (theft-adjacent) to take someone else's work without compensating them on their terms.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by mensetmanusman on Monday July 10, 2023 @08:18PM (#36674916)
It's worth challenging the length of copyright. 20 years seems good enough for high tech R&D, probably good for books as well.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Monday July 10, 2023 @09:26PM (#36675378)
Sure! Yes! I agree! 100 years is way too long. 20 years is much more reasonable. But the comment that I was responding to (and many others in this thread) are advocating for the complete removal of copyright, and that's what I'm responding to.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by onlypositive on Monday July 10, 2023 @11:56PM (#36676251)
Most book sales are done within 5 years. It's drips after that.

On top of that, knowledge moves too fast these days for a 20 year right to be useful for society.

[dead]
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by jerojero on Tuesday July 11, 2023 @08:32PM (#36688992)
Corporations have personhood in the USA, no?

For the life of a human, yes, for the life of a corporation, it's long but not too long. Specially for corporations such as Disney which are sure to last for quite a while.

Not saying this is a justificable position. I'm actually in favour of drastically reducing copyright (I believe 7 to 15 years might be a sweetspot). But a lot of laws are not made for regular human people any longer.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by holmesworcester on Tuesday July 11, 2023 @12:18PM (#36683172)
I was not advocating for the immediate complete removal; I acknowledged that this may be too disruptive.

I was simply reminding people what direction we should go in, and what the stakes are. Reducing copyright terms is a great solution, and yes something between 2 and 12 years is probably the right number to aim for as a first step. I agree with the above commenter that 20 is far too long, because 20-year-old material is slipping into irrelevance in many cases.

It's also good to remember that the only reason we have copyright (in the US, where "moral rights" are not a thing) is to stimulate the creation of more work. So we need to think about what configuration of copyright law actually stimulates more work, and we need to be willing to experiment.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by Aerroon on Tuesday July 11, 2023 @03:13PM (#36685898)
Just to add: copyright is *not 100 years. It's 'the entire life of the author plus 70 years'.

If I make a YouTube video and live another 60 years, then people copying that video would still be committing copyright infringement in the year 2150.

That's just insane.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by rileymat2 on Monday July 10, 2023 @08:55PM (#36675183)
> Fundamentally, you are never entitled to someone else's work.

This is fair but incomplete, you are not entitled to compel someone to work.

But copyright is more, it controls what is done with the work after the author freely produces it and gives it to another. It is an artificial construct that we have created for good reason.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by throw10920 on Monday July 10, 2023 @09:28PM (#36675392)
> it controls what is done with the work after the author freely produces it and gives it to another

No, not "gives" - sells. There's a transaction involved - and part of copyright law is preserving that transactional nature, such that person A doesn't sell their work exactly once to person B who proceeds to give it away for free to every other person on the planet.

The fact that the creator of a work sells it to one person does not give that person license to pirate it.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by danicriss on Tuesday July 11, 2023 @07:05AM (#36679267)
Copyright is a system meant to ensure creators get compensated proportionally to the value they add to society

It is a bad system though. It restrains the society from benefitting from said work unless they meet certain terms (usually, payments). It's often times unrealistic to pay for all you'd like to consume. Especially that access to their work is usually badly quantised

(For example, I may want to search Sarah Silverman's book for a keyword, once. That'll cost me the same amount as someone reading the book from start to end. [please take this as an illustrative example and don't jump literally on ways to solve this exact problem])

I don't have a better solution yet, but I think we should definitely open up this discussion: can you come up with a system which compensates those who add value to society without restraining access to their products?

I'll go even further to say this is the fundamental issue in our society, way beyond copyright. That is, to find a way to compensate people for the value they add while eliminating the incentive to artificially limit access to resources needed by others

I'll be more concrete with another example. Take a limited resource: housing. In a society where you don't need to gain more because you're already justly compensated maximally for what you're worth, you don't need to own more than the house you live in. In other words, I'm advocating for a society where ownership is limited to what can be possibly consumed. Importantly, limited to no longer mean a way to extract value from artificially creating scarcity for others

I think this website has the best candidates capable of devising such a system. But we need to start by having conversations about the requirements for a better society

It will further need approval from society at large even if it's well defined, so the road is long. But we need to start somewhere, and that's requirements

Sorry I derailed a bit, but I think all this ties closely to the debate: 'is copyright a good system?' rephrased as 'if we want to achieve a goal, is limiting knowledge the best way to go?'. Which can be extrapolated to 'is artificially limiting access the best way to ensure those who produce value are equitably compensated for it?'

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by cainxinth on Tuesday July 11, 2023 @09:30AM (#36680683)
> Copyright is a system meant to ensure creators get compensated proportionally to the value they add to society

Compensation to the creators was merely a means to an end. Furthering progress was the goal:

> Article I, Section 8, Clause 8: Patent and Copyright Clause of the Constitution. [The Congress shall have power] “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by DropInIn on Tuesday July 11, 2023 @11:00AM (#36681986)
Well doesn't that just provide extreme support for the cause to reduce copy protection to ensure access for all who could benefit?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by cainxinth on Tuesday July 11, 2023 @11:38AM (#36682524)
Yes
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by edizms on Tuesday July 11, 2023 @12:04PM (#36682978)
Depends on how you define "progress".
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by holmesworcester on Tuesday July 11, 2023 @12:29PM (#36683358)
> and it's deeply morally wrong (theft-adjacent) to take someone else's work without compensating them on their terms.

But I'm willing to bet that you don't believe this consistently across domains, and the domains in which you do believe it have been selected rather arbitrarily, not by you but rather by industry lobbying pressure.

Copyright doesn't exist for mathematics, jokes, fashion designs, architectural styles, recipes, and many other areas of human work. All of these represent similar creative work to the work done by musicians and writers. But we don't force comedians to license each others' jokes, or sue bars for letting people tell unlicensed jokes in public. And almost all of us wear clothing by uncompensated designers. And of course it would be unfathomably destructive to allow something analogous to copyright for a mathematical idea.

We also set limits on how long heirs can inherit copyright, which we don't do for other kinds of property, and we don't have any moral issues with that.

So it's important to remember that our moral intuitions about work and material products don't really translate to information and that we are truly making all of this up as we go along, under the intense corrupting pressure of a few very sophisticated industry lobbies.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by sdfghswe on Tuesday July 11, 2023 @01:25PM (#36684255)
Are you being paid for this garbage?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by ChatGTP on Monday July 10, 2023 @07:32PM (#36674502)
Why don't children have access to all the latest LLMs, including ChatGPT-4, for free?

Why does money exist?

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by charles_f on Monday July 10, 2023 @10:55PM (#36675902)
That's not parent's point. Their point seems to be that large companies don't suffer the same consequences from a crime as any layman.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by JustLurking2022 on Monday July 10, 2023 @11:41PM (#36676175)
What an absolute pile of nonsense. People who author creative works deserve to have control of them and make some money - otherwise you'll soon find we have far fewer great authors, artists, etc.

This is essentially the same as saying builders charging for houses is the problem with the housing market, so we're going to phase out paying builders.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by onlypositive on Monday July 10, 2023 @11:59PM (#36676256)
> otherwise you'll soon find we have far fewer great authors, artists, etc.

It's been long understood that this idea isn't based on any real evidence. Creators create because they like to create things. Adding money to the mix tends to ruin most creative endeavours. Look up beautification or note how Googles only good search results involve the keyword Reddit.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by kingofheroes on Tuesday July 11, 2023 @01:11AM (#36676641)
Theres "creators create because they like to create things" and "creators create things because they want to make a living off of what they create". If artists/authors/musicians/etc aren't going to be paid for what they create, they can't make a living doing it. If they can't make a living doing it, that severely limits their opportunity and time available for creating things since they could only do it as a hobby (unless we bring back royal patronage or something). Many of the best artistic works we have came from people who were able to commit 100% to the creative process. That's gonna be real hard to do if you can't pay for food and housing.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by onlypositive on Tuesday July 11, 2023 @10:01AM (#36681112)
Copyright laws are red flag laws for publishers.

It has nothing to do with creators.

People are regularly paying creators directly to create through patreon, super chats, advertising, early access, subscriptions, etc.

The idea that you need copyright to protect you is just not based in reality.

Get rid of copyright, creators will find a way to monetize it if they want to make a living doing it.

It's not society's job to protect your ability to get paid for your hobby. There are no original ideas, just people that write them down. You don't own them, you extracted these ideas from society, the least you can do is give them back.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by JustLurking2022 on Tuesday July 11, 2023 @08:27AM (#36680026)
Hilarious you claim something isn't based on any real evidence, while providing zero evidence to back the claim up.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by shreyshnaccount on Tuesday July 11, 2023 @12:15AM (#36676350)
GP makes no remark on the morality/practicality of copyright. Also, having people sue big companies for copyright might lead to more of what you're arguing for, in a show them the taste of their own medicine way
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by all_factz on Tuesday July 11, 2023 @07:53AM (#36679692)
I would be much more sympathetic to this stance if you weren’t implicitly endorsing the rights of companies like Meta/Alphabet/OpenAI to profit from the disruption of copyright law. If we’re talking ordinary people being able to breach copyright, then yeah seems potentially interesting. But let’s remember that these companies aren’t acting altruistically. They’re not giving away Silverman’s work - they’re repackaging it for their own profit. That’s not fair to the artist and in fact does not help the children.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by tr_user on Tuesday July 11, 2023 @09:37AM (#36680778)
Try adding censorship to that list.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by mywittyname on Tuesday July 11, 2023 @01:21PM (#36684164)
I'm a fan of copyrights. While I think that the USA's implementation of copyrights has a few glaring flaws (namely, the duration of copyright is far too long). I firmly believe that the elimination, or effective elimination of copyrights is massively detrimental to our culture.

A fair middle ground would be for copyrights to last for 20 or so years. That's plenty of time to profit from a work while allowing people to preserve and distribute older works.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by renewedrebecca on Tuesday July 11, 2023 @03:33PM (#36686163)
But it's not children downloading the books is it? It's a company backed by billionaires, so why cheer?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by manzanarama on Wednesday July 12, 2023 @09:59AM (#36694648)
How many books would not exist if copyright had the suggested reduced impact?
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by LatteLazy on Monday July 10, 2023 @04:54PM (#36672831)
I am not sure this is exactly correct. If you download a book that might be copyright infringement. But not if I download a word. How much do they need to download at a time before it becomes infringement? And if the material is never used or displayed to a human is it still infringment (if so, Google is awaiting a huge lawsuit)? Alternatively if I, a human, read a book it is copied into my memory. Is that infringment? What if I quote it? How much can I quote at what frequency before I'm infringing? If I write something similar to the book but in my own words, is that infringment? How similar does it need to be? What about derivative works and fair use?

Copyright is a horrible mess of individual judgements and opinions. Written material especially. And the same applies to AI. So now we will get a judgement which is a tech-illiterate judges best guess at the intention of a law written to deal with printing presses not AIs and no room for nuances.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by two_in_one on Monday July 10, 2023 @06:07PM (#36673654)
> But companies like Google and Facebook get to play by different rules

It's simple, copyrighted materials can be used for academic research. That's what they are doing. Trying new AI modes, publishing results, etc. Facebook doesn't make money on LLaMA, they even require permission to use their models for, again, academic research.

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by troyvit on Tuesday July 11, 2023 @10:23AM (#36681387)
But what if those copyrighted materials were illegally gained? That's what the suit alleges.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by freyes on Tuesday July 11, 2023 @06:30AM (#36678970)
We need the dude who prosecuted Aaron Swartz here. This sucks.

https://en.m.wikipedia.org/wiki/United_States_v._Swartz

Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by randomcarbloke on Tuesday July 11, 2023 @07:08AM (#36679291)
a machine shouldn't have to pay to read a book.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by htss2013 on Tuesday July 11, 2023 @06:05PM (#36687883)
Copyright doesn't apply when it comes to fair use, and one of the major factors of fair use is if your use deprived the copyright owner of sales. Good luck arguing that any of the books in question lost sales because an AI was trained on them.
Re:Sarah Silverman is suing OpenAI and Meta for copyright in... by oarabbus_ on Wednesday July 12, 2023 @01:36AM (#36690807)
Why do you blame Facebook and not ElutherAI?