With oil there is very strong chain of possession. I can't copy your raw oil at little to no cost, and for the most part the next barrel of oil I pump out of the ground is not made of pieces of the past barrel of oil I pumped out of the ground. Each barrel of oil is a wholly separate entity. If I make all past oil disappear, you still have your barrel.
Information is not like that at all. It is far more often a continuum of large bits of the past with small changes that redefine it's usage. If I took all bits of past knowledge out of your IP set, you'd be left with something useless in incomplete in almost every case. Trying to treat IP like a physical artifact leads to a multitude of failures.
2. Unlike petrol vs. raw oil, LLM output is not necessarily “better” than its source material. Indeed there’re plenty of authors that did both extensive work and eloquently written about it, so when LLM is asked a question on the topic their work is among the very few sources—when I am talking about LLM attributing output, I mostly mean instances like these (not when LLM aggregates some really common knowledge).
The danger I described is when people are no longer motivated to do such work in the open, assuming it’s then scraped and monetized by LLM operators—or worse, undetectably modified by LLM designers to inject sentiment the original author didn’t subscribe to.
A lot of productive work goes into the creation of the model itself. Those weights & biases did not appear on their own. It could not be created without the source IP, but that doesn't mean the source IP is all you need to produce it.
You need significant amounts of computing and human resources along with cutting edge research to produce it as well. While the art may be derivative in some cases, the model itself is unique and the value produced by these companies.
But generally in the case I described (topics in which just a few authors did most of the original work) I am not seeing any fundamental benefit if you compare this to a really good search engine—and such a search engine would benefit open information sharing, as it doesn’t do IP laundering.
I also agree that consent should be received before using an artists images in the training process.
That said, if one could compute a training data image's contribution to the end result of a particular query it is entirely possible we could see a portion profits flow back to these artists from the use of their IP in the training process.
But at the end of the day, when you train on billions of images, the end profit might be pretty minuscule. Any single artist's contributions might not actually matter all that much in the grand scheme of things. It's the combination of millions of artists that produce a result.
Though in recent years more people began catching on that leaving a good review might ruin a place for them, the evidence of that isn’t obvious (it’s just fewer reviews or less good-faith reviews). Similar results but on larger scale may be observed as people are catching on that writing they publish in the open is essentially feeding a magic answering box monetised by someone else.