Yeah I'm not sure Jacob has ever done anything of any value. I could kind of respect William, even though I vehemently disagree with him. Jacob is just a whiny, over-privileged tosser.
This is not how copyright has been applied when speaking of other machine learning processes using logical regression that is considered fair use, as in Text and Data Mining classifications(TDM) (proposed class 7(a) and 7(b) (page 102) in Recommendation of the Register of Copyrights 2021).
Your link is merely proposed recommendations. That is not legislation nor case law. Also, the sections on TDM that you reference clearly state (my emphasis):
for the purpose of scholarly research and teaching.
I think this is even more abundantly clear that the research exemption does not apply. AI "research" is in no way "scholarly", it is commercial product development and thus does not align with fair use copyright exemptions.
It's also not talking about building AI, but circumventing DRM in order to preserve art. They're saying that there should be an exemption to the illegal practice of circumventing DRM in certain, limited circumstances. However, they're still only suggesting this! So not only does this not apply to your argument, it isn't even actually in force.
To put your other link into context, this also is not law, but comments from legal professors.
Understanding the process of training foundation models is relevant to the generative AI systems’ fair use defenses because the scope of copyright protection does not extend to “statistical information” such as “word frequencies, syntactic patterns, and thematic markers.” Processing in-copyright works to extract “information about the original [work]” does not infringe because it does not “replicat[e] protected expression.
The flaw here is that the work isn't processed in situ, it is copied into a training database, then processed. The processing may be fine, but the copying is illegal.
If they had a legitimate license to view the work for their purpose, and processed in situ, that might be different.
The difficulty with such arguments is that the harm asserted does not flow from the communication of protected expression to any human audience.
The argument here is that, while it sometimes infringes copyright, the harm it causes isn't primarily from the infringing act. Not always, though that depends. If AI is used to pass off as someone else, then the AI manufacturer has built a tool that facilitates an illegal act, by copying the original work.
However, this, again, ignores the fact that the commercial enterprise has copied the data into their training database without duly compensating the rightsholder.
The copying of the data is not, by itself, infringement.
Copyright is absolute. The rightsholder has complete and total right to dictate how it is copied. Thus, any unauthorised copying is copyright infringement. However, fair use gives exemption to certain types of copying. The copyright is still being infringed, because the rightsholder's absolute rights are being circumvented, however the penalty is not awarded because of fair use.
This is all just pedantry, though, and has no practical significance. Saying "fair use means copyright has not been infringed" doesn't change anything.
it is a series of transform nodes weighted against unstructured data.
That's a database. Or perhaps rather some kind of 3D array - which could just be considered an advanced form of database. But yeah, you're right here, you win this pedantry round lol. 1-1.
it wouldn’t be the creation of the AI model that is the infringement, but each act of creation thereafter that is substantially similar to a copyrighted work. But this comes with a bunch of other problems for the plaintiffs, and would be a losing case without merit.
Yeah I don't want to go down the avenue of suing the AI itself for infringement. However...[^1][^2][^3]
Trying really hard not to come off as rude
You're not coming off as rude at all with what you've said, in fact I welcome and appreciate your rebuttals.
I really do understand the anger and frustration apparent in these comments, but I would really like to encourage you to learn a bit more about the basis for these cases before spending substantial effort writing long responses.
You say that as if I haven't enjoyed fleshing out the ideas and sharing them. By the way, right now I'm sharing with you lemmy's hidden citation feature :o)
Although, I was much happier replying to you before I just saw the downvotes you've apparently given me across the board. That's a bit poor behaviour on your part, you shouldn't downvote just because you disagree - and you can't even say that I'm wrong as a justification when the whole thing is being heavily debated and adjudicated over whether it is right or wrong.
I thought we were engaging in a positive manner, but apparently you've been spitting in my face.
[^1]: >but there's a good reason why this isn't the argument being put forward in the lawsuits.
[^2]: >the LLM could be considered a commissioned agent
[^3]: The LLM absolutely could be considered an agent, but the way it acts is merely prompted by the user. The actual behaviour is dictated by the organisation that built it. In any case, this is only my backup argument if you even consider the initial copying to be research - which it isn't.
I think possession of any drug should be legal. However, the intent behind its use can still be illegal. If you have fentanyl and can demonstrate you only have it for some genuine use, and aren't looking to cause harm with it, then that shouldn't be a problem. Supplying fentanyl is much more likely to be a harmful circumstance, and its supply should be controlled.
That's interesting to me. Does the requirement for a republic prevent the possibility of a true direct democracy?
Eh? I'm not talking about Jacob Rees-Mogg, I'm talking about his father William (deceased). William wrote the books on disaster capitalism, Jacob has been playing them out.
However in my eyes their middle names may as well both be Wanker.
The result is the same but there’s a huge difference between getting legally threatened by a big company and being asked nicely.
Not really. Asking nicely can easily be a veiled threat.
The knowledge of having zero chance to be sued by Nintendo.
But that's an excessively risk averse position to take. It doesn't even really fit for Valve, although it's common with lawyers. Hence why I don't think Valve has the right lawyers for their ethos.
I dunno, I think it's more complicated than that. First off, there are some things that should be prohibited - it's illegal to privately own nuclear weapons, for the most extreme example. Second, many of these truly harmful drugs have tiny markets, and these markets are in fact propped up by other, more conventional drugs being illegal. If heroin were legal, very few if any people would even consider fentanyl, such that fentanyl could be prohibited entirely without having an out of control illegal market.
In some sense, though, we do already have a controlled legitimate market for these prohibited things. Even cannabis, even during the prohibition, had some legal purchase avenues for the purpose of research. Even nuclear, that's manufactured by private businesses with permission from the government. That works for the vast majority of drugs, it only fails with popular, relatively low harm recreational drugs where the law just isn't reasonable against the potential harm.
I understood this one, the "Trump wins Iowa" had me wondering.
Not that Sky News is anything of a respectable source.
I'd also question whether this is "major news" given that everyone saw this outcome coming months ago. Trump is the leading Republican, by far, the real question is whether he can legally be President again, or whether he can win the vote without a massive increase in the kind of fraud his party undertook in the last election.
The real problem is outside the votes, unfortunately. Even if Trump loses, there's a bunch of people who think their decision is more valid than any majority. Civil war is looming.
Your elbow looks grumpy. I'd be grumpy too, if I had no eyes.