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.
Now, can you get it to output a derivative work? Maybe. Is every output a derivative work? Maybe not.
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.
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.
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.
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.
If you'd please review https://news.ycombinator.com/newsguidelines.html and stick to the rules when posting here, we'd appreciate it.
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.
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.
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.