cross-posted from: https://lemmy.ml/post/5400607
This is a classic case of tragedy of the commons, where a common resource is harmed by the profit interests of individuals. The traditional example of this is a public field that cattle can graze upon. Without any limits, individual cattle owners have an incentive to overgraze the land, destroying its value to everybody.
We have commons on the internet, too. Despite all of its toxic corners, it is still full of vibrant portions that serve the public good — places like Wikipedia and Reddit forums, where volunteers often share knowledge in good faith and work hard to keep bad actors at bay.
But these commons are now being overgrazed by rapacious tech companies that seek to feed all of the human wisdom, expertise, humor, anecdotes and advice they find in these places into their for-profit A.I. systems.
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The code that AI produces isn’t “copied” from those original authors, though. The AI learned how to code from them, it isn’t literally copying and pasting from them.
If you think a bit of code is “really from” XYZ open-source project, that’s a copyright violation and you can pursue that legally. But you’ll need to actually show that the code is a copy.
The copyright violation has happened when the code got fed into that AI’s greedy gullet, not when it came out of it’s rear end.
That remains to be tested legally speaking, and I don’t think it’s likely to pass muster. If it was trained correctly (ie, no overfitting) the resulting AI model does not contain a copy of the training inputs in any identifiable sense.
Yes, the laws are probably muddy in Usa as usual, but rather clear here in the EU. But legal proceedings are slow, and Big Tech is making haste with their feeding.
There are many jurisdictions beyond the US and EU, Japan in particular has been very vocal about going all-in on allowing AI training. And I wouldn’t say the EU’s laws are “clear” until they are actually tested.
Your justification seems to rest on whether LLM training technically passes the legal standard of violating IP.
That’s not a super compelling argument to me, because:
- Nobody designed current IP law with LLMs in mind
- I would wager that a vast majority of creators whose works were consumed by LLMs did not consider whether their license would permit such an act, and thus didn’t meaningfully consent to have their work used this way (whether or not the law would agree)
- I would argue that IP law is heavily stacked in favor of platforms (who own IP, but do not create it) and against creators (who create, but do not own IP) and consumers
I don’t think that there is fundamentally anything wrong with LLMs as a technology. My problem is that the economic incentives are misaligned with long-term stability of the creative pools that fuel these things in the first place.
