this post was submitted on 23 Jan 2024
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47
Training Generative AI Models on Copyrighted Works Is Fair Use - Change My Mind (mastodon.lawprofs.org)
submitted 10 months ago by [email protected] to c/[email protected]
100 comments fedilink hide all child comments
 

I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.

please argue. please do not remove.

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[–] [email protected] 4 points 10 months ago (2 children)

Agreed. I would also argue that trained model weights are not copyrightable.

[–] [email protected] 1 points 10 months ago (1 children)

They aren't.

Courts have already ruled that copyright requires human creation, and weights are not decided by humans but by the training algorithms.

[–] [email protected] 0 points 10 months ago (1 children)

I didn't know it was already settled law. But in that case, why are models like llama still released under licenses? If they are non-copyrightable, licenses should be unenforceable and therefore irrelevant.

[–] [email protected] 1 points 10 months ago

The license is related to access.

Basically it's gated and not publicly available, and the only way to open the gate is to say "I promise not to do anything outside what you are limiting me to do."

A second person that gets access without agreeing to that can use the weights however they want (what copyright would relate to), but the person who gave them access to the weights would have been in breach of their agreement.

So separate things with different scopes.

[–] [email protected] -2 points 10 months ago* (last edited 10 months ago)

True. They are instead can be patented.