Re:OpenAI's justification for why training data is fair use,...
by TeMPOraL on Thursday October 05, 2023 @01:30PM
(#37781418)
My argument is that the modes are somewhere between your JPEG example and "artists' brains" example. Now legally, it's usually not the bytes themselves that matter, but their colour (provenance). But this doesn't make the case of AI models any more clear - the training process is also somewhere between zipping up a folder full of JPEGs, and a human practicing their art through fuck ton of repetitive reproductions of existing works until they grok the style.
Re:OpenAI's justification for why training data is fair use,...
by raincole on Thursday October 05, 2023 @01:37PM
(#37781493)
I agree.
The thing I hate about this whole situation is that it's going to be decided solely on which side has more lobbying power[1], since just as you said, it's something in between.
[1]: One could say all the policies are decided this way...
Re:OpenAI's justification for why training data is fair use,...
by TeMPOraL on Thursday October 05, 2023 @04:39PM
(#37784004)
> [1]: One could say all the policies are decided this way...
The silver lining here is that lobbyists can only afford to care about finite number of things at a time - so even if they get some laws their way, other factions can push laws mitigating the damage somewhat.
I currently believe (weakly) that the outcome of more and better lobbying isn't laws getting directly worse for society, but rather the regulatory system grinding to a halt under increasing number of laws that exist to cancel out parts of other laws...
Except it does, and it's in a quite literal sense.
You painted a painting. I took a picture of it and compress it as .jpeg. Byte-wise the .jpeg file has no similarity to your original painting. For someone who doesn't know .jpeg, it's just garbage bytes.
So I didn't infringe your copyright by selling this .jpeg file. The user who decodes the .jpeg file and displays it on a monitor does.
Does it sound right? This is how "weights do not contain training data" argument works.
And before "how about artists who store this information in their brains?" Well human being is a special case for every law in every country. Just like selling a cow's liver is never the same as selling a man's, even they're both organic tissues. A human's brain is always going to be treated differently than a hard drive.