Generative AI, however, can ONLY learn via the theft of copyrighted works. Whether this theft is covered under fair use is left to be seen.
Generative AI, however, can ONLY learn via the theft of copyrighted works. Whether this theft is covered under fair use is left to be seen.
That's not true at all. Any works in the public domain are not copyrighted, and there are things that are not copyrightable, like lists of facts and recipes.
Generative AI could be trained exclusively on such works (though obviously it would be missing a lot of context, so probably wouldn't be as desirable as something trained on everything).
First: in your opinion, which specific type of law or right is being broken or violated by generative AI? Copyright? Trademark? Can we at least agree it does not meet the definition of theft?
> which specific type of law or right is being broken or violated by generative AI?
Namely, copyright. Here's some quick points:
- Generative AI cannot exist without copyrighted works. It cannot be "taught" any other way, unlike a human.
- Any copyrighted works fed to it change its database ("weights" in technical speech).
- It then transforms these copyrighted works into new works that the "original author would have never considered without attribution" (not a legal defense)
I liken Generative AI to a mosaic of copyrighted works in which a new image is shown through the composition, as the originals can be extracted through close observation (prompting) but are otherwise indistinguishable from the whole.
Mosaics of copyrighted works are not fair use, so why would AI be any different? I'd be interested if you could point to a closer physical approximation, but I haven't found one yet.