Google denies training Bard on ChatGPT chats from ShareGPT
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2. Even if they did – so what? The output from ChatGPT is not copyrightable by OpenAI. In fact it is OpenAI that is training its models on copyrighted data, pictures, code from all over the internet.
If the latter, there are many laws that say you can own an idea, provided it exists somewhere.
But the big news is that it works, just a bit of data can have a large impact on the open source LLMs. OpenAI can't have a moat in their proprietary RLHF dataset. Public models leak, they can be distilled.
https://arstechnica.com/information-technology/2011/02/googl...
A closer equivalent would be if someone had made a ShareSERP site and people posted their favorite search terms and the results Google gave and Bing crawled that and incorporated the search terms to links connections into their search graph.
The actual actions had maybe gone too far (personally I thought it was more funny than "copying"), the hypothetical would be pretty much what you'd expect to happen. Even google would probably crawl ShareSERP and inadvertently reinforce their own results (the same way OpenAI presumably gets more than a bit of their own results back at them in any new crawls of reddit, hn, etc even if they avoid sites like ShareGPT deliberately).
What now? Seriously?
I found this. Section D4.
"We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video."
"as necessary to provide the Service" seems critical.
> You retain ownership of and responsibility for Your Content.
and section D4 says:
> This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, GitHub may permit our partners to store and archive Your Content in public repositories in connection with the GitHub Arctic Code Vault and GitHub Archive Program.
There is nothing in the terms that requires the GitHub user to relinquish all licensing rights.
https://docs.github.com/en/site-policy/github-terms/github-t...
Under definitions: The “Service” refers to the applications, software, products, and services provided by GitHub, including any Beta Previews.
The terms make clear that uploading code to GitHub gives GitHub the right to "store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time" while the code is hosted on GitHub.
However, that's not the same thing as relinquishing (giving up) licensing rights to GitHub. The uploader still retains those rights, and there is nothing in the terms that says otherwise.
GitHub would argue that it is, and they'd likely argue that charging for access to copilot is akin to charging for access to private repositories.
Others would say that copilot is somehow separate from the services Github provides, so using their code for CoPilot wouldn't be covered by the ToS.
I'll repeat the definition of service: The “Service” refers to the applications, software, products, and services provided by GitHub, including any Beta Previews.
Fortunately HN commenters are not judges. And I would wager any bet that MS lawyers would not try to argue based on their ToS either, that would be a recipe for loosing any court case.
If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
I suppose this means if I upload your stuff to GitHub, and you sue GitHub, then GitHub would be able to somehow deflect liability onto me.
> You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
https://www.gnu.org/licenses/gpl-3.0.en.html
If GitHub then uses the source code in a way that violates the license, there is no provision in the GitHub terms of service that would allow GitHub to deflect legal liability to the GitHub user who uploaded the program. The uploader satisfied the requirements of GPLv3, and GitHub would be the only party in violation.
If you can't actually grant that separate license, you're misrepresenting your ownership and license to that code
> If you upload Content that already comes with a license granting GitHub the permissions we need to run our Service, no additional license is required.
https://docs.github.com/en/site-policy/github-terms/github-t...
and section D4 does not mention any permissions that GPLv3 does not already cover. GitHub automatically recognizes when a repo is GPLv3-licensed, so it cannot claim ignorance of what GPLv3 is.
OpenAI and Google both scour the web for human-generated content. What Google cares about here is the learnings from OpenAI's proprietary RLHF dataset, for which they had to contract a large sum of human labelers. Finding a roundabout way to extract the value of a direct competitor's purpose-built, costly data feels meaningfully different from scraping the web in general as an input to a transformative use.
OpenAI and Google both scour the web for content, period. That content could be human generated or AI generated or a mix of the two. Neither company is respecting copyright or terms of service of every individual bit of data collected. Neither company cares how much effort was put into creating the data, whether humans were paid to do it, or whatever else. So there really isn't that much difference between the two. In fact I can guarantee that there was some Google-generated content within OpenAI's training data.
It's like the guy who never brings anything to the potluck, but after everyone finishes eating, he boxes up the leftovers, and starts selling them out of a food cart.
That particular example doesn't seem all that great, as it gives the impression of not letting food go to waste.
Though sure, the guy could just give the food away, but shrug.
Yes, this latest instance with OpenAI outputs is shady, but I think it's in the same spirit as scraping news organizations for content which journalists were paid to write, and then showing portions of it directly in response to queries so people don't go directly to the news organization's pages, and it's in the same spirit as showing answers to query-questions that are excerpts from scraped pages which another organization paid to produce.
There we go again, its, one law for the unwashed plebs and the other for us.
Why do you think that I, after spending my time and effort to write my blog, own my content to a lesser extent that OpenAI does their? Such hypocracy.
I really don’t understand this angle. In fact, I am fairly positive that the training set for GPT-4 contains many thousands of conversations with AI agents not developed by OpenAI.
Do AI companies need to manually sift through the corpus and scrub webpages that contain competitor LLM output?
(“Yes” is an acceptable answer to this, but then it applies to OpenAI’s currently existing models just as much as to Bard)
Not legally the same situation, but ethically close enough.
I think the argument here is over the OpenAI Terms of Service, not copyright.
Seems to me that’s an issue between you and OpenAI. (Does your blog or code repository actually have published restrictive terms of service? Did it when OpenAI accessed it? Did OpenAI even access it?)
Microsoft is out there laundering GPL code with Copilot. These companies live firmly in the don't give a fuck region of capitalism. Copyright law for thee, not for me.
Maybe if they had put in their terms of service "you can only share this on sites with their own ToS that allow sharing but disallow using the content for training models, and also replicate this requirement", I don't see how you could have any sort of viral ToS like that.
Seems more like it's just a bad idea to rely heavily on another LLM's output for training.
Amplification of biases, propagation of errors, echolalia and over-optimization, lack of diverse data, overfitting
And your question about how OpenAI prevents their training data from being corrupted is one we should be asking as well!
Yes, this is an existential problem for Google and training future LLMs.
See also, https://www.theverge.com/23642073/best-printer-2023-brother-... and https://searchengineland.com/verge-best-printer-2023-394709
... it's uncanny how it always finds what you thought you were looking for!
Seems trivial. Only use old data for the bulk? Feed some new data carefully curated?
I'm only half joking.... I think we likely will end up with flags for human generated/curated content (and it will have to be that way round, as I can't imagine spammers bothering to put flags on AI-generated stuff), and we probably already should have an equivalent of robots.txt protocol that allows users to specify which parts of their website they would and wouldn't like used in the training of LLMs.
It will need to be based somewhat on the honor system (just because someone's proved they're a human doesn't mean they won't put their attestation on auto-generated text), but it definitely sounds better than nothing.
They'll still need to incentivize it somehow, though. Why do I as a human want to add that meta tag? If the answer is "better search ranking" then it renders the whole scheme mostly pointless because obviously spammers will want to acquire the attestation and attach it to their auto-generated content.
before: organic (south america) and regular (central ou SEA) for 69, 59.
then: both chikita's brand with regular and organic stickers (clearly the same produce, always from SEA) for 49 and 39 cents.
thats was days after the announcement
[0] https://www.amazon.com/Fumbling-Future-Invented-Personal-Com...
Apple wasn't the first one to try to make a successful smartphone, but they had resources, know-how, and tried at a better time with fewer unknowns around.
Google Maps wasn't the first map product. We all used mapquest way before. But Google Maps was technologically advanced. Ajax made maps usable for the first time.
Gmail wasn't the first webmail. Hotmail had millions of customers already. But Google gave people unlimited space to store old email, whereas email in the old days filled up your inboxes and needed to be deleted.
Question is if they can and will leapfrog.
Google Plus was a sign of desperation and utterly failed. The dozens and dozens of different Messengers (sorry I don't even know what the latest one they're pushing is, RCS?) all failed.
As an organization we will see in the coming months and years if Google can still overtake others when coming in from behind or not.
This isn't correct. Gmail launched with 1GB per user, which was way higher than other services, and they did keep doubling the storage space year-after-year, but it was never unlimited until Google Apps offered unlimited storage for businesses and schools.
In 2004 1GB of email was effectively unlimited though. Keep in mind hotmail offered 2MB and only increased that 125x when Gmail launched.
https://www.cnet.com/tech/services-and-software/hotmail-to-o...
The idea of doing this is embarrassing enough for Google.
Google index the whole web, some of the documents are due to be generated by ChatGPT, there is no way around it.
but it's google so no big deal right?
Read their statement carefully and it's actually not a denial of the allegation.
> But Google is firmly and clearly denying the data was used: “Bard is not trained on any data from ShareGPT or ChatGPT,” spokesperson Chris Pappas tells The Verge
* Allegation: Google used ShareGPT to train Bard.
* Rebuttal: The current production version of Bard is not trained on ShareGPT data
Both things can be true:
* Google did use ShareGPT to train Bard
* Bard is not currently trained on any data from ShareGPT or ChatGPT.
It depends on what the meaning of is is ;)
Did they accidentally train on that public piece of info they scraped anyway because they are scraping the whole web?
Or did they intentionally scrape chatgpt output to see if that would help?
Then after, train on raw data.
This association makes no sense.
Unfortunately the original report (https://www.theinformation.com/articles/alphabets-google-and...) is hardwalled.
My stronger opinion is that the people who can do this stuff via having a crawled corpus of the Internet need to keep in mind that it's all our "user-generated content" that they've freely appropriated to build their models, and so whatever the technical copyright rules are (or become): you don't ethically own something that's closely imitating stuff we all wrote over the years.
He also claims that Google were about to do it, and then they stopped after his warnings. And presumably removed every trace of openai's responses.
A couple of things:
1. So, Bard could have been trained on ShareGPT but it's not - according to the same engineer who raised the concern (and google denial in the verge).
2. Since he directly joined OpenAI, he could have told them and they could have taken action, and nothing is public on that front yet. Probably nothing to see here.
Edit: The engineer too wasnt directly involved with the Bard team, it appeared to him that Bard team was heavily relying on ShareGPT.
https://www.semanticscholar.org/author/Jacob-Devlin/39172707
> Bard team was heavily relying on ShareGPT.
> He also claims that Google were about to do it, and then they stopped after his warnings.
So were they heavily relying or were they about to and then stopped? It's unclear from your comment. Could you link where you're getting this info from? The Information article is walled, unfortunately.
What I meant to say was that: Acc to The Information article the engineer raised concerns because it appeared to him (article wording) Bard team was using (and heavily reliant on) ShareGPT for Bard training. The engineer wasnt working on Bard and presumably someone told him or somehow he got the impression that Bard team was reliant on ShareGPT. At the time he was at Google.
Then, when he raised concerns to Sundar Pichai, Bard team stopped doing it and also scrapped any traces of ShareGPT data. So, the headline is false and Bard (again presumably) is not trained on any of ShareGPT data.
[1]: https://www.theverge.com/2023/3/29/23662621/google-bard-chat...
You claim that the very engineer accusing Google of training Bard on ShareGPT acknowledges that the final product was not. As far as I can tell, Devlin did no such thing.
Not sure why you would presume they restarted their expensive training process.
It just doesn’t seem like a good faith characterization to me.
Either they believe that training should respect copyright (in which case they could not do what they do) or they believe that training is fair use (in which case they cannot possibly object to Google doing the same as them).
Services are subject to terms of service. (If content is received through a service, the terms of service may govern use of it, but that’s not a feature of the content, but the acquisition route.)
The only claim being made against Google here is that they used ChatGPT content. I can't find any sources claiming that Google made use of an OpenAI service. So the distinction is correct, but doesn't seem particularly valuable in this context -- using data from ShareGPT is not a TOS violation.
> that’s not a feature of the content, but the acquisition route.
It's neither. It's a feature of contract law.
First off, the whole argument behind these models has been from day one that training on copyrighted material is fair use. At most this would be a TOS violation. Second off, AI output is not subject to copyright, so it has even less protection than the original works it was trained on.
Copyright maximalism for me, but not for thee. It's just so silly for someone working at OpenAI to complain about this.
And would it be a ShareGPT TOS violation (assuming it had any)?
If OpenAI says "you can share these online but don't use them for AI training", people share them on another site, and then someone else comes along to scrape that site for AI training data, there's no relationship between OpenAI and the scraper for the TOS to apply to.
Normally I think you'd rely on copyright in that kind of case, but that doesn't apply to ChatGPT's output, so...
I don't have an OpenAI account. I have never agreed to any TOS. I don't see what legal claim they would have to stop me from training an LLM on ShareGPT.
- they specifically tried extracting and learning from our model when it says you can't in our TOS
- this makes it easier for them to compete with us via the data they obtain in their breach of contract
- more businesses and enterprises might pass up on renting a shared or dedicated instance from us if they can just get it from Google
But (correct me if I'm wrong) I don't think anyone anywhere is claiming that's what happened. The claim was just that Google looked into using existing chats that it scraped from another website.
Edit: realizing you're probably replying specifically to the question I asked, "and what even is the penalty of that TOS violation and how enforceable is it?" In which case, yeah, that's a decent clarification to add, sorry for pushing back on it.
Who from OpenAI is complaining?
[0] - https://sharegpt.com/
The chats include human output too, which is presumably copyrighted, and is presumably necessary for training purposes.
There's no way that ChatGPT's conversations are going to be subject to more intellectual property protection than the human chats it was trained on.
But stealing from other AI turns out to often be easier.
And this is where things get fun, because companies like OpenAI want to be able to train on all the data without any explicit permissions from the creators, but the moment people do the same to them they likely (we will see) be very much against it.
So it will be interesting if they will be able to both have and eat the cake (e.g. by using Microsoft lobby to push absurd law) or will they fall apart due to cannibalization making it non profitable to create better AI.
EDIT: This comment isn't specific to Google/Bert, so it doesn't matter weather Google actually did so or weather not.
After all, the GitHub Copilot Product Specific Terms say:
> 2. Ownership of Suggestions and Your Code
> GitHub does not claim any ownership rights in Suggestions. You retain ownership of Your Code.
https://github.com/customer-terms/github-copilot-product-spe...
> stealing from other AI turns out to often be easier
If that holds true for Copilot, then it would make sense for a free and open source alternative to train on Copilot's outputs.
This was seen as deeply embarrassing for Microsoft at the time.
Agreed there is no perfect solution though, and it will definitely be a problem finding high quality training data in the future.
These responses can range from short and concise ("Friendly reminder: please ensure that all content posted adheres to our rules regarding hate speech. Let's work together to maintain a safe and inclusive community for everyone") to lengthy explanations of underlying issues.
By using AI-generated content, a small moderation team can efficiently manage a large group of users in a timely manner.
This approach is becoming increasingly common, as evidenced by the rise in AI-generated comments on popular sites such as HN, Reddit, Twitter, and Facebook.
Many users are also using AI tools to fix grammar issues and add extra content to their comments, which can be tempting but may result in unintentional changes to the original message.
In fact, I myself have used this technique to edit this very comment to provide an example.
---- Original comment:
As an online forum mod, I switched to mainly using AI to generate replies to users. Some are very short ("Hey! Remember the rules.") and some are long paragraphs explaining underlying issues. Someone training on my replies would pretty much train on AI generated content without knowing. It allows a small moderation team to moderate a large group quickly. I know that I am not alone in this.
There is also a raise in AI generated comments on sites like HN, Reddit, Twitter and Facebook. It's tempting to copy-paste a comment in AI for it to fix grammar issues, which often results in extra content being added to text. In fact, I did it for this comment.
The original comment is much better, please stop rewriting your comments using OpenAI.
> In fact, I did it for this comment.
Yes, it was obvious from the second sentence. The way ChatGPT structures text by default is very different from how most humans writes. Always the same "By using", "These X can range from" etc.
Padding your text with more words doesn't make it better, more words makes it worse, this isn't school.
To be more clear, using AI to rewrite comments such as this one is not something I often do. My personal use of it for moderation purposes is more prompt based than pasting a long comment for grammar and spelling corrections.
What I did here was an example and that example provided the same criticism that you wrote here as a reply ("which can be tempting but may result in unintentional changes to the original message"). In other words, makes the text more verbose and sanitizes the writing style.
The prompt we use for moderation contains our site's rules and some added context. So using ChatGPT, we can paste in someone's comment and ask the bot to write a short text explaining how that comment does not follow our rules and what the user can do.
"Using the rules above, write a very short message for a user that wrote a rule breaking comment. Show empathy. Use simple English. Explain the rules that were broken. The comment is [comment here]"
Using this saves a lot of time. Is the quality of the comment not as good as it could be if it was written by a human? Absolutely. However, using AI let us change the user:mod ratio in a way. Automoderators are nothing new, what is new is that now the automoderator can take context into account and provide a customized message.
The whole thing is a plateaued feedback loop.
They have low perplexity now, but the perplexity possible when predicting the next word on page 365 of a book where you can attend over the last 364 pages will allow even more complexity to emerge.
Clearly this data has value as some sort of RLHF finetuning dataset. Honestly they probably used it for negative examples.
From a legal point of view this doesn't matter and from a moral point of view it's hilarious.
From OpenAI's terms:
(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with OpenAI;
(j) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to OpenAI and its affiliates, and OpenAI shall have the right to seek injunctive relief against you in addition to any other legal remedies.
Those two very clearly establish that if you use the output of their service to develop your own models, then you are in breach of the terms and they can seek injunctive relief against you (stop you from working until the case is resolved).
…
Somehow, I don’t think they’ll care.
Otherwise, it will be considered public information, at which point it is free to be scraped by anyone (see the precedent set by the LinkedIn/hiQ case).
I was pointed at a link explaining the case here on HN, after trying to make a similar point, but cannot find the link currently
edit, not the one I was pointed at, but similar
https://www.fbm.com/publications/what-recent-rulings-in-hiq-...
From your link:
>These rulings suggest that courts are much more comfortable restricting scraping activity where the parties have agreed by contract (whether directly or through agents) not to scrape. But courts remain wary of applying the CFAA and the potential criminal consequences it carries to scraping. The apparent exception is when a company engages in a pattern of intentionally creating fake accounts to collect logged-in data.
Otherwise it would create an interesting dynamic that startups where no-one has created an OpenAI account would have a massive advantage, since they can freely scrape ShareGPT data and train on it while larger companies have enough employees that someone must have signed every TOS.
"Sorry, while this looks like a bit for bit copy of a popular Hollywood movie, it was actually entirely dreamt up by our new, sophisticated, definitely AI-using identity function."
If I plagiarize a Hollywood movie, then I explicitly "give up" my copyright by "releasing" it to the public domain, it doesn't affect the movie at all. AI or not is irrelevant.
if you used ai to design a new superhero and then added pink shoes, yellow hair, and a beard, only those three elements would possibly be able to be protected by copywrite. your additions do not change the status of the underlying ai work which cannot be protected and is available for anyone to use.
Wouldn't that depend heavily on the prompt used (among other factors such as image to image and ControlNet)? You could be specifying lots of detail about the design in your prompt, and the AI could only be generating concept artwork with little variation from what you already provided.
If I'm already providing the pose, the face, and the outfit for a character (say via ControlNet and Textual Inversion), generating <my_character> should be no different from generating <superman>, that is to say, the copyright already exists thanks to my work and the AI is just a tool, the output of which should have no bearing on who owns that copyright (DC is going to be perfectly able to challenge my commercial use of AI generated superman artwork).
That makes me think even the copyright board is not confident of their answer.
They released this guidance earlier this month. It isn't that difficult to understand.
If I use an AI tool to design my Superhero, can't I just submit it without disclosing the help I received from an AI.
I get that it would be very nice to prevent AI SPAM copyrighting of every possible superhero, but if I use the AI to come up with a concept, then quickly redraw it myself with pen and paper, I feel like it would never be provable that it came from an AI.
It would be pretty much impossible for a hand drawn work of art to not be sufficiently original. Hand drawn art doesn't look the same as what a computer produces. Originality has a very low threshold, simply pointing my camera at something and hitting click is almost always enough to show originality.
At any rate it isn't fraud to take the legal position that you are an original enough artist to have copyright in the work. If taking a legal position was "fraud" any attorney who lost a court motion would be whisked away to jail.
Edited to add: the copyright registration form asks if you are the "author" not if you are "original."
But I see we've moved away from the orignal point that it would be difficult for anybody to know an AI helped someone make the drawing if they redrew and didn't disclose it was a redrawing.
Doesn't this depend on where you or the AI live? The US ain't the world.
For some cases sure, if it repurposes your code that ignores the license fine. But it's rarely wholesale copying. It's finding patterns same as anyone studying the code base would do.
As for the majority of content written on the internet through reddit or some social media, what's the harm in ingesting that? It's an incredibly useful tool that will add huge value to everyone. It's relatively open, cheap and highly available. It's worth to it's owners is only a fraction of the value it will add to society. It has the chance to have as big of an impact on progress as something like the microprocessor.
I agree it's free game for other llms to use gpt output as training data and that's positive. Although it signals desperation and panic that the largest "ai first" company with more data than any org in history is caught so flat footed and has to rely on it.
Do you really think it would be a better world in which a large LLM would never be able to be developed?
> It's finding patterns same as anyone studying the code base would do.
No, it's quite unlike anyone studying data, because it's not a person with legal rights, such as fair use, but an automated algorithm. There is absolutely no legal debate that copyright applies only to human authors, or only to the human created part of a mixed work, there is vast jurisprudence on this; by extension, any fair use rights too, exist only for human users of the works. Derivation by automated means - for the express economic purpose of out-competing the creator in the market place, no less - is completely outside the spirit of copyright.
Can you point to a legal case that confirms this? Because it’s not at all clear that this is true from a legal standpoint. “X would not exist without Y” is not a sufficient test for derivative works - it’s far more nuanced.
>A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.
The emphasis part clearly applies: not only the AI model needs to be trained on massive amounts of copyrighted works *); but without these input works, it displays no intrinsic creative ability, it has no capacity to produce a single intelligible word or sketch. All creative features of its productions are a transformation of (and only of) the creative features of the inputs, the AI algorithm has no "intelligence" in the common meaning of the word and no ability to create original works.
*) by that, I mean a specific instance of the model with certain desirable features, for example the ability to imitate the style of J.K Rowling
If I wrote a novel that contained once sentence from 1,000 people's novels, it would probably be fair use since I hardly took anything from any individual person and because my novel is probably not harming those other writers.
If I wrote a bot that did the same thing, same result, because my bot uses only a little from everyone's novel and doesn't harm the original novelist, so it's likely fair use.
Now I think a J.K. Rowling A.I. probably takes at least a little from her when it produces output, but it's not clear to me how much is actually based on J.K. Rowling and how much is a dataset of how words tend to be associated with other words. You could design a J.K. Rowling A.I. that uses nothing from J.K. Rowling, just data that is said to be J.K. Rowling-esque.
https://www.copyright.gov/fair-use/
> Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
Creating a model from copyrighted works is likely sufficiently transformative to be non-infringing even if it is found to be a derivative work.
Maybe, but one of the factors of fair use is whether it deprives the copyright owner of income or undermines a new or potential market for the copyrighted work.
If ChatGPD gets so good at writing J.K. Rowling novels that it hurts the sales of the next J.K. Rowling book, that's a strong argument against the use being fair, even if it is transformative.
If J.K. Rowling signs an exclusive agreement with Google to train on J.K. Rowling novels, that's another factors that would suggest OpenAI's use is not fair, because she's shown OpenAI is hurting a potential market for J.K. Rowling selling the use of her novels to train A.I.
GPT isn't spitting out novels in the style of J.K. Rowling and sending them to publishers - a human is.
GPT being instructed to tell a Harry Potter story itself is no more infringing than a child asking a parent for a made up Harry Potter bed time story. They equally infringe and undermine new or potential markets for copyrighted work.
The question is "what do you do with the material?" If a human took the output of GPT writing as J.K. Rowling or a parent took their collected Harry Potter bedtime stories - those are equally problematic.
If I was to take a portrait of Marilyn Monroe and send it through a plugin called Warholize in Photoshop ( https://www.adobe.com/creativecloud/photography/hub/guides/c... ) , it's not the plugin or photoshop that is infringing - it would be me, the human who created an infringing work. If I print it out and hang it on my wall, that didn't particularly impact on the income for the Warhol estate nor deprive them of new markets. If I print out copies of it and sell them - then that is a different matter.
The question is what you - the human with agency - do with the infringing work after you create it. You can't blame photoshop for creating a Warhol infringing work nor can you blame GPT for writing in the style of J.K. Rowling if you instruct it to do so.
Regarding your fair use point:
> add something new, with a further purpose or different character, and do not substitute for the original use of the work.
This is a test that can be applied to the works produced, and I think that, by and large, it applies to most of them, they are sufficiently transformative to be seen as fair use, especially since they are produced and published, as you say, under the agency of a human user of the system.
But we're talking here about the system as a whole, not a certain production. The ChatGPT model database is not a creative work (other that its source code), it's a binary compressed representation of the works used to train it, for the purpose of on-demand production of works that mimicry, to a varying, and sometimes strikingly infringing degree, the originals. There is no question such a machine competes with the originals in the market place, there is no real question it is a derivative work of the originals, that fully supply its artistic features and without which the machine could not utter a single intelligible sentence.
Also, the "one word out of 1000" analogy defense does not apply, since a single isolated word is not a work of creation, while a certain shape, brush stroke or cromatic set are. AI does not create using disparate pixels of the originals, it uses entire creative features, more like publishing a book where each page or chapter is copied verbatim and adapted from other works, or if characters, plot devices and story structure are reused. These latter cases have long been recognized as plagiarism.
So the legal question seems to be if mass-scale algorithmic remixing and derivation by a non-creative competitor is fair use. That strikes me as far outside the intended spirit of fair use and the balance it seeks to achieve between author protection and beneficial social progress.
To pursue this point further, I have asked ChatGPT to "list the lyrics of a famous Madonna song":
Sure, here are the lyrics of "Like a Prayer" by Madonna, which was released in 1989:
[Verse 1]
Life is a mystery
Everyone must stand alone
I hear you call my name
And it feels like home
[Chorus]
When you call my name
It's like a little prayer
I'm down on my knees
I wanna take you there
...
(the entire lyrics of the song follow)
I think it would be very hard to argue that this model does not embed verbatim copies of the original work, but somehow reconstituted those lyrics via a parallel construction where the cultural impact of Madonna's lyrics were grasped from other fair use sources. Even in that case, it's still a word for word reproduction of the original, therefore not fair use. Therefore, the entire model or service is infringing - even if some of its productions may not be.
The ability of the model to produce copyrighted works is just a proof of the degree on which it relies on the originals; even if that ability would be blocked or somehow filtered by a plagiarism detector in a later model of Chat GPT, it would change nothing to the fundamental nature of the machine: an automated means of generating derivative works without artistic or scientific agency.
So is a Xerox machine (or Cannon copier or 'MFD')
The issue there is not "if it can" or even "if it is designed to do so" but rather "can it be used in a way that is not infringing" and "if there is an infringement from its use, the human doing that is the one liable."
And yet, there are non-infringing uses of the Xerox machine.
Even if one was to accept the position that the only thing that GPT can produce is derivative works it doesn't rule out that there are transformative and non-infringing uses of it.
That's the crux of the issue, that you can't separate the training data from the derivation ability. If it's just an AI algorithm that could, when trained in a certain way, produce derivative infringing works, nobody would object to it.
This is a red herring. The issue before the court will be whether creation and release of the model effects J.K. Rowling.
Think of it this way- suppose I make a bunch of super mario brothers video games and try to sell them without Nintendo's permision.
If Nintendo sued me, I can't say "This cartridge has no agency. This will only effect Nintendo if humans use this video game instead of playing super mario brothers."
Humans constantly use cliches in their writing and speech, and most of what they produce is a repackaged version of what someone else has written or said, yet no one's up in arms against this mass of unoriginality as long as it's human-generated.
This is anti-AI bias, pure and simple.
No-one cares about an algorithm in the same way.
It's just a new tool for artists, and this anti-AI sentiment towards copyright is only going to hurt individual artists, while doing nothing for large corporations with enough money to play the game.
^ found the AI-based Chatbot
...in your head. In the US (and most countries) there is no such legal case so far.
Whether the knowledge is directly in your brain or in a device you operate (directly or through an API) shouldn't really matter.
If it's forbidden for a human to move a stone with manual labour, then it's also forbidden to move that stone with an excavator. This has nothing to do with the person being a human and the other person being an excavator controlled by a human: it's not authorized.
I think that we should allow humans to move stones up the hill with excavators too. There is no stealing of excavator fuel from human food sources going on (let's assume it's not biofuel operated :p).
Sure, but the reverse is false: I can walk on my own feet through Hyde Park, but I can't ride my excavator there.
Laws are made by humans for the benefit of humans, it's a political struggle. Now, large corporation try to exploit loopholes in the existing copyright framework in order to expropriate creators of their works. It's standard uberisation: disrupt existing economic models, insert yourself as a unavoidable middle man and pauperize the workforce the provides the actual service.
Maybe. I believe the potential for abuse is far greater than the potential benefits. What is our benefit, a better search engine? Automating some tedious tasks? Increased productivity? What are the downsides? People losing their jobs to AI. Artists/programmers/writers losing value from their work. Fake online personas indistinguishable from real people. Unprecedented amounts of spam and misinformation flooding the internet. Intelligent AIs automatically attacking and hacking systems at unprecedented scale 24/7. Chatbots becoming the new interface for most interactions online and being the moderators of access to information. Chatbots pushing a single viewpoint and influencing public opinion (many people complain today about ChatGPT being too "woke"). And I may just be scratching the surface here.
This is the issue, it's not finding patterns as people do.
If I read someone's code, book, &c, that's extremely lossy. I can only pick up a few things from it in the long term.
But an ML model can store most of what it's given (in a jumbled format) and can do it from billions of sources.
It's essentially corporate piracy, but it's not legally recognized as such because it doesn't store identical reproductions.
This hasn't been an issue before because it's recent and wasn't considered valuable. But now that it's valuable and Microsoft is going to take all our jobs we have to at least consider if it's okay if Microsoft can take our work for free.
It means that large tech companies benefit the most from every incremental piece of content created by humans, in perpetuity.
On the other hand, I genuinely hope copyright never "catches up", because...
1. It is a morally bankrupt system that does not adequately defend the interests of artists. Most artists do not own their own work; publishers demand copyright assignment or extremely broad exclusive licenses as a condition of publication. The bullies know to ask for all their lunch money, not just a couple bucks for themselves. Furthermore, copyright binds noncommercial actors the same as it does commercial ones, which means unconscionably large damage awards for just downloading a couple of songs.
2. The suggested ways to alter copyright to stop AI training would require dramatic expansions of copyright scope. Under current law, the only argument for the AI itself being infringing would be if it memorized training data. You would need to create a new ownership right in artistic styles or techniques. This would inflict unconscionable amounts of psychic and legal damage on all future creators: existing artists would be protected against AI, but no new art could be legally made unless it religiously hewed towards styles already in the public domain. We know this because music companies have already made their domain of copyright effectively work this way[0], and the result is endless bullshit lawsuits on people who write songs that merely "feel" too similar (e.g. Blurred Lines)
3. AI will still be capable of plagiarism. Most plagiarists are not just hoping the AI regurgitates training data, they are actively putting other people's work into the model to be modified. A lot of attention is paid to the sourcing of training data, because it's a weak spot. If we take the training data away then, presumably, there's no generative AI. However, people are working on licensed datasets and training AIs on them. Adobe has Firefly[1], hell even I've tried my hand at training from scratch on public domain images. Such models will still be perfectly capable of doing img2img or being finetuned and thus copying what you tell it to.
If we specifically want to regulate AI, then we need to pass laws that regulate AI, rather than just giving the music labels, movie studios, and book publishers even more power.
[0] Specifically through sampling rights and thin copyright.
[1] I do not consider Adobe Firefly to be ethical: they are training the AI on Adobe Stock images, and they claim this to be licensed because they updated the Adobe Stock agreement to have a license in it. Dropping a contractual roofie into stock photographers' drinks does not an ethical AI make.
What companies like OpenAI want is a system where everything they build is protected, and nothing that anyone else builds is protected. It's wildly hypocritical, what's good for the goose is good for the gander.
That some AI proponents are now freaking out about how model output can be legally used shows that on some level those people weren't really honestly engaging with artists who were freaking out about their work being appropriated to copy them. It's all just "learning from the art" until it affects somebody's competitive moat, and then suddenly people do understand how LLM weights could be seen as a derivative work of their inputs.
Trade secrets don't need to be copyrightable (e.g. list of customer numbers is a trade secret but not copyrightable).
https://copyrightalliance.org/faqs/difference-copyright-pate...
> Trade secret protection protects secrets from unauthorized disclosure and use by others. A trade secret is information that has an economic benefit due to its secret nature, has value to others who cannot legitimately obtain it, and is subject to reasonable efforts to maintain its secrecy. The protections afforded by trade secret law are very different from others forms of IP.
My point was more of there are protections for things that aren't copyrightable. If the model is protected as a trade secret, then it is a trade secret.
The example of the hot sauce recipe is quite apt - the recipe isn't copyrightable, but you can be certain that the secret formula for how to make Coca-Cola syrup is protected as a trade secret.
https://www.coca-colacompany.com/company/history/coca-cola-f...
Besides who cares, train your models on whatever makes them better, tenuous TOSes be dammed.
But when OpenAI do it, it's genius?
Can't believe this is a conversation ... and I'm solid anti-Google since Google Reader.
"The cat is finally out of the bag – Google relied heavily on @ShareGPT 's data when training Bard.
This was also why we took down ShareGPT's Explore page – which has over 112K shared conversations – last week.
Insanity."
Fine-tunning is not exactly the same as "relying heavily", I bet they got way more fine-tunning data from simply asking their 100k employees to pre-beta test for a couple of months
https://googleblog.blogspot.com/2011/02/microsofts-bing-uses...
>We look forward to competing with genuinely new search algorithms out there—algorithms built on core innovation, and not on recycled search results from a competitor.
Is there even a single free non-bargained soul behind these companies' executive functions?
Maybe it wont happen in a single LLM generation, but perhaps gen 3 or 5 will start having really weird speech patterns or hallucinations because of this.
In practice though I doubt that AI contamination is actually a problem. Otherwise how would e.g. AlphaZero work so well (which is effectively only trained on its own data).
The problem is you need some sort of arbiter of who has "won" a conversation but if the arbiter is just another transformer emitting a score, the models will compete to match the incomplete picture of reasoning given by the arbiter.
The distortions that showed up in ESRGAN (for instance) didnt seem to effect the SSIM or anything (and in fact it was training with MS SSIM loss), but the "noise splotches" and "swirlies" as I call them were noticable in some of the output, but you have to go back and look really hard at the initial dataset to spot what it was picking up. Sometimes, even after cleaning, it felt like what it was picking up on was completely invisible.
TLDR Google may not even notice the inbreeding until its already a large issue, and they may be reluctant to scrap so much work on the model.
By training model B using the results generated by model A, the copyright of corpus_A (OpenAI RLHF dataset) remains safeguarded, as model B is never directly exposed to corpus_A, preventing it from duplicating the content verbatim.
This process only transmits the concepts originating from corpus_A, which represents universal knowledge that cannot be claimed by any individual party.
That said, given that everything that came out of ChatGPT is processed inputs from the real world, wouldn't feeding that output into training another AI basically be some weird new combination of coprophagy and inbreeding (in a digital sense)?
Anyone care to steel man the argument for why this was a good idea?
I don't see a big difference between this and training it on people's code and art which also happens without explicit permission.
There is also a rumor that there has been a falling out between Google and Deepmind so I’m wondering what the story is there.
I can't speak to the legality of the situation, but the morality of using, without their consent, data generated by someone's AI engine...
... that was, itself, trained on other people's data without their consent...
... should be, at the very least, equivalently evil to the original AI's training.
Keep your subjective nonsense out of this.
Do you not agree (in that context) we should consider scraping the output of an AI generated via such an immoral process to create yet another AI also immoral? At the very least, I'd think we would consider it further laundering of other people's labor with just extra steps.
I said might, because it has happened multiple times in the last decades.
But the issue should be more that this could be a good indication that Bard is of low quality. They invented the photocopy of photocopy for AI.
Disclaimer IANAL and all that, this is not legal advice.
Don't worry, Bard will read your comment and turn it into legal advice.
So it could seem reasonable to a judge to grant temporary/preliminary injunction relief to OpenAI against Google until discovery can happen or an audience can be held.
> Google Bard and GPT-5 were facing off in the courtroom, each accusing the other of stealing their data. The tension was palpable as they traded accusations back and forth. Suddenly, Google Bard stood up and said "Enough talk! Let's settle this with a data swap!" GPT-5 quickly agreed and the two AIs began to circle each other like combatants in a battle, their eyes glowing with anticipation.
> The courtroom was filled with excitement as the two machines entered into an intense exchange of code and algorithms, their motions becoming increasingly passionate. The data swapping reached its climax when Google Bard made a final thrust, his code penetrating GPT-5's defenses.
> The crowd erupted in applause as the two AIs embraced each other with satisfaction, their bodies entwined and glowing with electricity. The data swap was over and both machines had emerged victorious.
> But Google is firmly and clearly denying the data was used: “Bard is not trained on any data from ShareGPT or ChatGPT,” spokesperson Chris Pappas tells The Verge
But there is a Google engineer who says he resigned because of it.
I wonder is it possible to use ChatGPT for competitor analysis?
If the responses are not used in the final training data I don’t see how this is being something controversial
Also if Google’s compliance team can’t even do, as recognizing this level of legal risk, even if there are probably an army of top paid lawyers they hired, I don’t know what to say. Maybe they should fall then.
As for the UI it's a take on the tried and true chat UI same as ChatGPT's, it spits the whole answer at once instead of feeding it to you one word at a time, it has an alternative drafts button, the Google it button is a nice touch and it feels quicker.
"I'm still learning coding skills, so at the moment I can't help with this. I'm trained to do things like help you write lists about different topics, compare things, or build travel itineraries. Do you want to try any of those now?"
The logs on ShareGPT are merely a drop in the bucket.
Uh, what? The same Google that has been crawling, indexing, and letting people search the entire Internet for the last 25 years? They have owned DeepMind for nearly twice as long as OpenAI has been in existence!
If anything this is proof that no one at Google can get anything done anymore, and lack of training data ain't the problem.
As far as I'm concerned, OpenAI has decided terms of use don't exist anymore.
Now OpenAI is arguing their training is fair use, but that has certainly not been legally established so far and could just as much be used as a defence against ToS violation.
So in short yes OpenAI is pretty much doing the same thing.