Unpopular Opinion
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You are equating traing an LLM with a person learning, but an LLM is not a person. It is not given the same rights and privileges under the law. At best it is a computer program and you can certainly infringe copyright by writing a program.
It's not "At best it's a computer program". It is a computer program, a program of probability that it's response should be X. The training data could be stolen, but it's output isn't.
An LLM is not a legal entity, nor should it be. However, similar things happen in a human brain and the network of an LLM, so same laws could be applicable to some extent. Where do we draw the line? That’s a legal/political issue we haven’t figured out yet, but following these developments is going to be interesting.
Agreed it hasn't been settled legally yet.
I also agree that an LLM isn't and shouldn't be a legal entity. Therefore an LLM is something that can be owned, sold, and a profit made from.
It is my opinion that the original author of the works should receive compensation when their work is used to make profit i.e. to make the LLM. I'd also say that the original intent of copyright law was to give authors protection from others making money from their work without permission.
Maybe current copyright law isn't up to the job here, but benefiting of the back of others creative works is not socially acceptable in my opinion.
I think of an LLM as a tool, just like drill or a hammer. If you buy or rent these tools, you pay the tool company. If you use the tools to build something, your client pays you for that work.
Similarly, OpenAI can charge me for extensive use of ChatGPT. I can use that tool to write a book, but it’s not 100% AI work. I need to spend several hours prompt crafting, structuring, reading and editing the book in order to make something acceptable. I don’t really act as a writer in this workflow, but more like an editor or a publisher. When I publish and sell my book, I’m entitled to some compensation for the time and effort that I put into it. Does that sound fair to you?
Yes of course you are.
...but do you agree that if you use an AI in that way that you are benefitting from another author's work? You may even, unknowingly, violate the copyright of the original author. You can't be held liable for that infringement because you did it unwittingly. OpenAI, or whoever, must bare responsibility for that possible outcome through the use of their tool.
Yes, it’s true that countless authors contributed to the development of this LLM, but they were not compensated for it in any way. Doesn’t sound fair.
Can we compare this to some other situation where the legal status has already been determined?
I was thinking about money laundering when I wrote my response, but I'm not sure it's a good analogy. It still feels to me like constructing a generative model is a form of "Copyright washing".
Fact is, the law has yet to be written.