SheeEttin
@SheeEttin@programming.dev
- Comment on Does ActivityPub need URL schema(s)? 10 months ago:
I don’t have an answer for you, I just want to tell you that the plural of schema is schemata.
- Comment on Hewlett Packard Enterprise to buy Juniper Networks in $14 bln deal 10 months ago:
Broadcom is so good at it, they wrecked VMware years before even completing the acquisition.
- Comment on Instance admin updates + Blahaj 10 months ago:
You should be able to block instances as a user in 0.19.0, I think.
- Comment on Instance admin updates + Blahaj 10 months ago:
Here’s how your comment appears in Boost via programming.dev. No pronouns visible.
If you’re going to participate outside your own instance, you have to accept that others don’t see your instance’s unique changes.
- Comment on Instance admin updates + Blahaj 10 months ago:
I’m surprised mods and admins don’t have the option to choose not to distinguish their posts and comments.
- Comment on OpenAI claims The New York Times tricked ChatGPT into copying its articles 10 months ago:
copyright only protects them from people republishing their content
This is not correct. Copyright protects reproduction, derivation, distribution, performance, and display of a work.
People also ingest their content and can make derivative works without problem. OpenAI are just doing the same, but at a level of ability that could be disruptive to some companies.
Yes, you can legally make derivative works, but without license, it has to be fair use. In this case, where not only did they use one whole work in its entirety, they likely scraped thousands of whole NYT articles.
This isn’t even really very harmful to the NYT, since the historical material used doesn’t even conflict with their primary purpose of producing new news.
This isn’t necessarily correct either. I assume they sell access to their archives, for research or whatever. Being able to retrieve articles verbatim through chatgpt does harm their business.
- Comment on OpenAI claims The New York Times tricked ChatGPT into copying its articles 10 months ago:
That is not correct. Copyright subsists in all original works of authorship fixed in any tangible medium of expression. www.law.cornell.edu/uscode/text/17/102
Legally, when you write your shopping list, you instantly have the rights to that work, no publication or registration necessary. You can choose to publish it later, or not at all, but you still own the rights. Someone can’t break into your house, look at your unpublished works, copy them, and publish them like they’re their originals.
- Comment on OpenAI claims The New York Times tricked ChatGPT into copying its articles 10 months ago:
There are issues other than publishing, but that’s the biggest one. But they are not acting merely as a conduit for the work, they are ingesting it and deriving new work from it. The use of the copyrighted work is integral to their product, which makes it a big deal.
- Comment on OpenAI claims The New York Times tricked ChatGPT into copying its articles 10 months ago:
True. I fully expect that the court will rule against OpenAI here, because it very obviously does not meet any fair use exemption.
- Comment on OpenAI claims The New York Times tricked ChatGPT into copying its articles 10 months ago:
Generally you’re correct, but copyright law does concern itself with learning. Fair use exemptions require consideration of the purpose character of use, explicitly mentioning nonprofit educational purposes. It also mentions the effect on the potential market for the original work. (There are other factors required but they’re less relevant here.)
So yeah, tracing a comic book to learn drawing is totally fine, as long as that’s what you’re doing it for. Tracing a comic to reproduce and sell is totally not fine, and that’s basically what OpenAI is doing here: slurping up whole works to improve their saleable product, which can generate new works to compete with the originals.
- Comment on OpenAI claims The New York Times tricked ChatGPT into copying its articles 10 months ago:
17 USC § 106, exclusive rights in copyrighted works:
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
Clearly, this is capable of reproducing a work, and is derivative of the work. I would argue that it’s displayed publicly as well, if you can use it without an account.
You could argue fair use, but I doubt this use would meet any of the four test factors, let alone all of them.
- Comment on OpenAI claims The New York Times tricked ChatGPT into copying its articles 10 months ago:
The problem is not that it’s regurgitating. The problem is that it was trained on NYT articles and other data in violation of copyright law. Regurgitation is just evidence of that.