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Make illegally trained LLMs public domain as punishment (www.theregister.com)

submitted 21 hours ago by [email protected] to c/[email protected]

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It's all made from our data, anyway, so it should be ours to use as we want

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[–] [email protected] 3 points 10 hours ago* (last edited 10 hours ago) (1 children)

To speak of AI models being "made public domain" is to presuppose that the AI models in question are covered by some branch of intellectual property. Has it been established whether AI models (even those trained on properly licensed content) even are covered by some branch of intellectual property in any particular jurisdiction(s)? Or maybe by "public domain" the author means that they should be required to publish the weights and also that they shouldn't get any trade secret protections related to those weights?

[–] [email protected] 1 points 2 hours ago* (last edited 2 hours ago)

Unlikely, I'd say, In EU jurisdictions copyright requires creative authorship, not "sweat of the brow" which is why by default databases aren't included, which is why they're have their own protection regime.

Quote, emphasis mine:

In the meaning of the European Union Directive 96/9/EC on the legal protection of databases,the term database refers to a collection of independent works, data or other materials, which have been arranged in a systematic or methodical way, and have been made individually accessible by electronic or other means. In the meaning of the Directive the data or materials:

must not be linked, or must be capable of separation without losing their informative content;

must be organised according to specific criteria, which means that only planned collections are covered;

must be individually accessible – mere storage of data is not covered by the term database.

In AI models the organisation is inferred from the data, it's not planned into the database. The first bullet point is on less shaky, a summary an AI can make of a book can reasonably be regarded to be "informative content", nothing about db protections says that they have to store full works it could also be references, citations, etc.