OpenAI now tries to hide that ChatGPT was trained on copyrighted books, including J.K. Rowling’s Harry Potter series::A new research paper laid out ways in which AI developers should try and avoid showing LLMs have been trained on copyrighted material.
If I memorize the text of Harry Potter, my brain does not thereby become a copyright infringement.
A copyright infringement only occurs if I then reproduce that text, e.g. by writing it down or reciting it in a public performance.
Training an LLM from a corpus that includes a piece of copyrighted material does not necessarily produce a work that is legally a derivative work of that copyrighted material. The copyright status of that LLM’s “brain” has not yet been adjudicated by any court anywhere.
If the developers have taken steps to ensure that the LLM cannot recite copyrighted material, that should count in their favor, not against them. Calling it “hiding” is backwards.
You are a human, you are allowed to create derivative works under the law. Copyright law as it relates to machines regurgitating what humans have created is fundamentally different. Future legislation will have to address a lot of the nuance of this issue.
And allowed get sued anyway
Another sensationalist title. The article makes it clear that the problem is users reconstructing large portions of a copyrighted work word for word. OpenAI is trying to implement a solution that prevents ChatGPT from regurgitating entire copyrighted works using “maliciously designed” prompts. OpenAI doesn’t hide the fact that these tools were trained using copyrighted works and legally it probably isn’t an issue.
you bought the book to memorize from, anyway.
No, I shoplifted it from an Aldi
If Google took samples from millions of different songs that were under copyright and created a website that allowed users to mix them together into new songs, they would be sued into oblivion before you could say “unauthorized reproduction.”
You simply cannot compare one single person memorizing a book to corporations feeding literally millions of pieces of copyrighted material into a blender and acting like the resulting sausage is fine because “only a few rats fell into the vat, what’s the big deal”
Terrible analogy.
Which one? And why exactly?
The analogy talks about mixing samples of music together to make new music, but that’s not what is happening in real life.
The computers learn human language from the source material, but they are not referencing the source material when creating responses. They create new, original responses which do not appear in any of the source material.
“Learn” is debatable in this usage. It is trained on data and the model creates a set of values that you can apply that produce an output similar to human speach. It’s just doing math though. It’s not like a human learns. It doesn’t care about context or meaning or anything else.
Okay, but in the context of this conversation about copyright I don’t think the learning part is as important as the reproduction part.
Google crawls every link available on all websites to index and give to people. That’s a better example. Which is legal and up to the websites to protect their stuff
It’s not a problem that it reads something. The problem is the thing that it produces should break copyright. Google search is not producing something, it reads everything to link you to that original copyrighted work. If it read it and then just spit out what’s read on its own, instead of sending you to the original creators, that wouldn’t be OK.
How is it reproducing the works
The blurb it puts out in the search results is much more directly “spitting out what’s read” than anything an LLM does. As are most other srts of results that appear on the front page of a google search.
Let’s not pretend that LLMs are like people where you’d read a bunch of books and draw inspiration from them. An LLM does not think nor does it have an actual creative process like we do. It should still be a breach of copyright.
*could
… you’re getting into philosophical territory here. The plain fact is that LLMs generate cohesive text that is original and doesn’t occur in their training sets, and it’s very hard if not impossible to get them to quote back copyrighted source material to you verbatim. Whether you want to call that “creativity” or not is up to you, but it certainly seems to disqualify the notion that LLMs commit copyright infringement.