Apparently, stealing other people’s work to create product for money is now “fair use” as according to OpenAI because they are “innovating” (stealing). Yeah. Move fast and break things, huh?
“Because copyright today covers virtually every sort of human expression—including blogposts, photographs, forum posts, scraps of software code, and government documents—it would be impossible to train today’s leading AI models without using copyrighted materials,” wrote OpenAI in the House of Lords submission.
OpenAI claimed that the authors in that lawsuit “misconceive[d] the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”
It is about a lawless company doing lawless things. Some of us want companies to follow the spirit, or at least the letter, of the law. We can change the law, but we need to discuss that.
IANAL, why isn’t it fair use?
The two big arguments are:
Have you confirmed this yourself?
https://www.cnn.com/2024/01/08/tech/openai-responds-new-york-times-copyright-lawsuit/index.html
The thing is, it doesn’t really matter if you have to “manipulate” ChatGPT into spitting out training material word-for-word, the fact that it’s possible at all is proof that, intentionally or not, that material has been encoded into the model itself. That might still be fair use, but it’s a lot weaker than the original argument, which was that nothing of the original material really remains after training, it’s all synthesized and blended with everything else to create something entirely new that doesn’t replicate the original.