It should be fully legal because it’s still a person doing it. Like Cory Doctrow said in this article:
Break down the steps of training a model and it quickly becomes apparent why it’s technically wrong to call this a copyright infringement. First, the act of making transient copies of works – even billions of works – is unequivocally fair use. Unless you think search engines and the Internet Archive shouldn’t exist, then you should support scraping at scale: pluralistic.net/…/how-to-think-about-scraping/
Making quantitative observations about works is a longstanding, respected and important tool for criticism, analysis, archiving and new acts of creation. Measuring the steady contraction of the vocabulary in successive Agatha Christie novels turns out to offer a fascinating window into her dementia: theguardian.com/…/agatha-christie-alzheimers-rese…
The final step in training a model is publishing the conclusions of the quantitative analysis of the temporarily copied documents as software code. Code itself is a form of expressive speech – and that expressivity is key to the fight for privacy, because the fact that code is speech limits how governments can censor software: eff.org/…/remembering-case-established-code-speec…
That’s all these models are, someone’s analysis of the training data in relation to each other, not the data itself. I feel like this is where most people get tripped up. Understanding how these things work makes it all obvious.
moonlight@fedia.io 3 months ago
I think the solution is just that anything AI generated should be public domain.
LodeMike@lemmy.today 3 months ago
That’s the current status quo.
MrSoup@lemmy.zip 3 months ago
If you use a tool, let’s say photoshop, to make an image, should it be of public domain? Even if the user effort here is just the prompt, it’s still a tool used by an user.
moonlight@fedia.io 3 months ago
If you roll a set of dice, do you own the number?
I don't think it is a tool in the same sense that image editing software is.
But if for example you use a LLM to write an outline for something and you heavily edit it, then that's transformative, and it's owned by you.
The raw output isn't yours, even though the prompt and final edited version are.
Fubarberry@sopuli.xyz 3 months ago
If you snap a photo of something, you own the photo (at least in the US).
There’s a solid argument that someone doing complex AI image generation has done way more to create the final product than someone snapping a quick pic with their phone.
Petter1@lemm.ee 3 months ago
Well, the AI doesn’t do all the work, you use public domain material (AI output) to create your own copyright protected product/art/thing etc.
All you have to do is put some human work into the creation. I guess the value of the result still correlates with the amount of human work one puts into a project.