this post was submitted on 29 Jun 2024
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Big brain tech dude got yet another clueless take over at HackerNews etc? Here's the place to vent. Orange site, VC foolishness, all welcome.
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Copyright law is full of ambiguities and gray areas, some intentional and some unintentional. The concept of "fair use" is an example of an intentional gray area, since the idea is that society as a whole will benefit from allowing people to skirt copyright law in certain circumstances, and lawmakers can't possibly hope to enumerate every such circumstance. It then falls on courts to determine if a given circumstance falls under "fair use". The problem is courts move very slowly when faced with a new circumstance that hasn't been litigated before, and that's what's happening with AI companies training AI on copyrighted works. Once decisions have been made and stare decisis is established, then they'll move faster. The NY Times vs OpenAI is the case to watch IMO, since that's the biggest one challenging the idea that training AI is fair use.
Excellent comment.
Do you know if the lawsuit that involved Sarah Silverman is going? Because I originally thought that one would have more legs, but maybe because the companies using the books3 corpus all dropped use of them, the case was dropped? I'm honestly unsure.
It's just that the fact that any of them used books3 to begin with should say everything. Everyone knew books3 was the entirety of private torrent tracker Bibliotik. It was not hidden. Bibliotik isn't just regular old ebook piracy either, they distribute the tools to remove DRM from ebooks. So they're using a corpus literally made from pirated ebooks that have potentially had their DRM stripped. I just seemed like a big, easy admission that they were more than happy to use unscrupulous methods to profit.
As someone who was booted off of Bibliotik because it's damn impossible to keep ratio there, it's mind boggling to me that it wasn't a bigger deal how widely used books3 was.
I haven't followed the Sarah Silverman case, but I think it's likely that'll end in a settlement. NYTimes is less likely to settle, since they seem to be trying to set a precedent, and they've got the resources to do that.