this post was submitted on 04 Sep 2023
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AI
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Artificial intelligence (AI) is intelligence demonstrated by machines, unlike the natural intelligence displayed by humans and animals, which involves consciousness and emotionality. The distinction between the former and the latter categories is often revealed by the acronym chosen.
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It's hard to trade with the rest of the world when you're not a party to the Berne Convention
The Berne Convention contains an enumerated list of things that it recognizes as things that can be restricted by IP law. Training AIs is not among them.
Derivative works is though - and the cases slowly plodding through the court system right now are going to demand a decision on whether an LLM or its creations count as derivative works.
For it to be a derivative work you're going to have to prove that the model contains a substantial portion of the material it's supposedly a derivative work of. Good luck with that, neural nets simply don't work that way.
That's not really true, though. The biggest reason why these cases were able to get traction was because when prompted a certain, specific way, researchers were able to reproduce substantial portions of copyrighted works - https://arstechnica.com/tech-policy/2023/08/openai-disputes-authors-claims-that-every-chatgpt-response-is-a-derivative-work/