this post was submitted on 26 Jul 2023
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There's a difference between a sapient creature drawing inspiration and a glorified autocomplete using copyrighted text to produce sentences which are only cogent due to substantial reliance upon those copyrighted texts.
All AI creations are derivative and subject to copyright law.
But the AI is looking at thousands, if not millions of books, articles, comments, etc. That's what humans do as well - they draw inspiration from a variety of sources. So is sentience the distinguishing criteria for copyright? Only a being capable of original thought can create original work, and therefore anything not capable of original thought cannot create copyrighted work?
Also, irrelevant here but calling LLMs a glorified autocomplete is like calling jet engines a "glorified horse". Technically true but you're trivialising it.
Yes. Creative work is made by creative people. Writing is creative work. A computer cannot be creative, and thus generative AI is a disgusting perversion of what you wanna call “literature”. Fuck, writing and art have always been primarily about self-expression. Computers can’t express themselves with original thoughts. That’s the whole entire point. And this is why humanistic studies are important, by the way.
I absolutely agree with the second half, guided by Ian Kerr's paper "Death of the AI Author"; quoting from the abstract:
I think the part courts will struggle with is if this 'thing' is not an author of the works then it can't infringe either?