Those claiming AI training on copyrighted works is "theft" misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they're extracting general patterns and concepts - the "Bob Dylan-ness" or "Hemingway-ness" - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in "vector space". When generating new content, the AI isn't recreating copyrighted works, but producing new expressions inspired by the concepts it's learned.
This is fundamentally different from copying a book or song. It's more like the long-standing artistic tradition of being influenced by others' work. The law has always recognized that ideas themselves can't be owned - only particular expressions of them.
Moreover, there's precedent for this kind of use being considered "transformative" and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it's understandable that creators feel uneasy about this new technology, labeling it "theft" is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn't make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
I thought the larger point was that they're using plenty of sources that do not lie in the public domain. Like if I download a textbook to read for a class instead of buying it - I could be proscecuted for stealing. And they've downloaded and read millions of books without paying for them.
Ehh, no almost certainly not (But it does depend on your local laws). But that honestly just sounds like some corporate boogyman to prevent you from pirating their books. The person hosting the download, if they did not have the rights to publicize it freely, would possibly be prosecuted though.
To illustrate, there's this story of John Cena who sold a special Ford after signing a contract with Ford to explicitly forbid him from doing that. However, the person who bought the car was never prosecuted or sued, because they received the car from Cena with no strings attached. They couldn't be held responsible for Cena's break of contract, but Cena was held personally responsible by Ford.
For physical goods there is 'theft by proxy' though (receiving stolen goods that you know are most likely stolen), but that quite certainly doesn't apply to digital, copyable goods. As to even access any kind of information on the internet, you have to download and thus, copy it.
And they've downloaded and read millions of books without paying for them.Do you have a source on that?
Most AI models used Books3 as part of their dataset which is a collection of pirated books. Here are a few articles talking about it:
https://www.theverge.com/2024/8/20/24224450/anthropic-copyright-lawsuit-pirated-books-ai
https://www.abc.net.au/news/2023-09-29/australian-authors-copyright-books3-generative-i-chatgpt/102914538
https://www.theatlantic.com/technology/archive/2023/08/books3-ai-meta-llama-pirated-books/675063/
Thank you