Suchir's Essay on Fair Use
suchir.net
suchir.net
In short, the true spirit of fair use is about people sharing their responses to the ideas of others. And the ultimate reason for that is that we want a free interaction of people.
AI should not be considered under fair use at all because it doesn't propagate the responses and reactions of people -- technically AI, creates, but since the creations of AI are not expressions of the experience of a person or group of people. Instead, the only goal of AI is to take away the opportunities that people have to express themselves because those opportunities often came with a small payment.
Therefore, even though at times AI might comply with fair use (and that's even be argued against here), whether AI violates fair use technically is not even the most relevant question. The question is, does AI violate the spirit of fair use? And the answer is unquestionably, yes. Fair use was designed to increase the production of works that reasonably include samples from other works for the express purpose of encouraging human creativity. HUMAN.
AI is just a tool that big tech uses to tip the balance of society and take more than their fair share of wealth. It's a shiny toy that is amusing but not really of much benefit to society and it uses the technicalities of the law (such as fair use) to crush its true intent for selfish gain.
Sorry, maybe you haven't figured out yet how to apply it, but it is a very useful tool already for many people.
You may oppose this. But the best move from a game-theoretic perspective, is not to not play.
Additionally, like it or not there will also be permanent job destruction / replacement with many naïve AI supporters suggesting utopian nonsense such as "UBI" for everyone (it has never worked nor was it economically sustainable).
Let's call it for what it really is: tools such as ChatGPT (OpenAI), Devin (Cognition), Computer Use (Anthropic) and Fin (Intercom) are here to eliminate jobs. The worst part is that there is almost no alternative for those lost jobs and they are not hiding that fact.
If having less jobs is so great and "benefits humanity", then why are there more folks here and across the world worried about their future job prospects?
First ChatGPT came for journalists and we said "Learn to code".
Then Gen-AI image generators came for digital artists and we said "Learn to code".
Then music generators came for musicians and voice actors and we said "Learn to code".
Then Copilot and Devin came for senior software engineers and AI engineers are now telling everyone:
Learn to cope, this is for "humanity"
Absolutely true, but it's more than that. AI itself is ultimately the next step towards completely autonomous technology. Big tech companies and programmers are just taking advantage of the fact that technology still needs us. They are using that to get ahead in life while putting the entire planet at risk.
Due to the way we use code nowadays, I'm convinced we would probably replace the CEO itself before the devs anyways.
True now, but not true in 10 years. Or 20 years. The entire point is the total end result, and that's what we should be concerned about.
Not saying that can't happen, there's no hard science about this but when we experienced as many technological revolutions as we have, betting the opposite of what happened previously might not be the most likely option.
LLMs are magical but all that they mean for SWEs is that there's one more compiler to use - and this one is unreliable and opaque to boot.
Until AGI is solved, software engineers are safe. Our job is the most fundamentally human of all: telling the machine what to do.