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?
this post was submitted on 22 Dec 2024
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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.
Are you threatening me with a good time?
First of all, whether these LLMs are "illegally trained" is still a matter before the courts. When an LLM is trained it doesn't literally copy the training data, so it's unclear whether copyright is even relevant.
Secondly, I don't think that making these models "public domain" would have the negative effects that people angry about AI think it would. When a company is running a closed model internally, like ChatGPT for example, the model is never available for download in the first place. It doesn't matter if it's public domain or not because you can't get a copy of it. When a company releases an open-weight model for public use, on the other hand, they usually encumber them with some sort of license that makes them harder for competitors to monetize or build on. Making those public-domain would greatly increase their utility. It might make future releases less likely, but in the meantime it'll greatly enhance AI development.
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