A search index might also contain copyrighted material. As long as it's used for search queries as opposed to regurgitation there's no problem. Search indexes and LLMs are both clearly very beneficial tools to have access to.
Since we're talking about an electronic system the search index example is the more directly relevant one. Anyone who wants to object to LLMs is going to need to take care to ensure consistency with his views on Google's search index.
Also can you point out how copyright law changes because we're using an "electronic system" as opposed to an "analog system?"
I never claimed any change in copyright law. Only that one analogy was more direct than the other for the purpose of the current discussion.
You didn't answer my question. What point were you trying to make with your earlier reply?
My playing copyrighted music on my synths at home, or singing lyrics along are different than if I am a professional musician benefiting financially from playing someone else's music in public.
Producing a product = market rules apply Just living as a human = totally different thing
The issue is not (or at least should not be) that LLMs are trained on material subject to copyright or can be very intentionally coaxed into regurgitating copyrighted material. The issue should be people building or using systems with the explicit intent of reproducing copyrighted material in an unauthorized manner.
Merely containing a work doesn't make something derivative. A photograph could inadvertently capture a copyrighted image in the background but so long as it isn't the primary focus I think your line of reasoning there fails.
I'm opting for the law differentiating between a product and a person.
'We trained our model on Harry Potter and somehow Harry Potter got into our model' is a ridiculous defense.
Regardless, I thought this was a discussion about what the law ought to say.
The defense is that the model is not designed to output Harry Potter verbatim, and in fact will not unless you jump through lots of hoops. Image generation would probably provide you with a stronger position here since those setups can easily output likenesses without needing to carefully engineer the prompt to cause them to do so. But even then it is clearly not the intention of the people training or deploying them that they be used that way.
That's not the definition of a derivative work in copyright law; further, whether what legally qualifies as a derivative work is within the scope of the exclusive rights of the copyright holder is, in the US, subject to whether it is within one of the exceptions to exclusive rights in the law, notably the fair use exception, which very much does depend on, among other things, what it is used for.
Why exactly?