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
The sad news is:
Their argument could fall on fertile ground.
The Usamerican legal system protects a running business. When such a rich and famous corporation argues (and it would be highly paid lawyers arguing) that their business could be in jeopardy, they are going to listen, no matter how ridiculous the reasoning.
In other countries, they just make a judge laughing out loud.
Yep, that's textbook big tech strategy: -Build up the hype -Get the product out there, make sure as many orgs and people start using it as possible. Make it free or sell at loss if necessary -Oh yes, we broke a few laws for this. If we don't get a waiver, we'll have to close the service for everyone, do you realize the impact?
That's Facebook on privacy, Uber on workers rights, etc. Now N+1th: OpenAI on copyright.