Technology
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Amazing how every new generation of technology has a generation of users of the previous technology who do whatever they can do stop its advancement. This technology takes human creativity and output to a whole new level, it will advance medicine and science in ways that are difficult to even imagine, it will provide personalized educational tutoring to every student regardless of income, and these people are worried about the technicality of what the AI is trained on and often don't even understand enough about AI to even make an argument about it. If people like this win, whatever country's legal system they win in will not see the benefits that AI can bring. That society is shooting themselves in the foot.
Your favorite musician listened to music that inspired them when they made their songs. Listening to other people's music taught them how to make music. They paid for the music (or somebody did via licensing fees or it was freely available for some other reason) when they listened to it in the first place. When they sold records, they didn't have to pay the artist of every song they ever listened to. That would be ludicrous. An AI shouldn't have to pay you because it read your book and millions like it to learn how to read and write.
You’re humanizing the software too much. Comparing software to human behavior is just plain wrong. GPT can’t even reason properly yet. I can’t see this as anything other than a more advanced collage process.
Open used intellectual property without consent of the owners. Major fucked.
If ‘anybody’ does anything similar to tracing, copy&pasting or even sampling a fraction of another person’s imagery or written work, that anybody is violating copyright.
Ok, but tracing is literally a part of the human learning process. If you trace a work and sell it as your own that's bad. If you trace a work to learn about the style and let that influence your future works that is what every artist already does.
The artistic process isn't copyrighted, only the final result. The exact same standards can apply to AI generated work as already do to anything human generated.
i don’t know the specifics of the lawsuit but i imagine this would parallel piracy.
in a way you could say that Open has pirated software directly from multiple intellectual properties. Open has distributed software which emulates skills and knowledge. remember this is a tool, not an individual.
It's not exactly the same thing, but here's an article by Kit Walsh, who’s a senior staff attorney at the EFF explains how image generators work within the law. The two aren't exactly the same, but you can see how the same ideas would apply. The EFF is a digital rights group who most recently won a historic case: border guards now need a warrant to search your phone.
Here are some excerpts:
And:
I'd like to hear your thoughts.
thanks for the sauce. Its very enlightening.
it does trouble me to think that the creators of stable diffusion could be financially punished. Did they at least try to compensate the artists in anyway?
It “feels” as though it parallels consultation. These creatives are literally paid for their creations. If a software constructs a neural network to emulate intellectual property, does that count as consultation? Could/Should it apply to the software developers or individuals using the software?
From the technical side, I don’t understand how all the red flags aren’t already there. the source material was taken, and now any individual could acquire that exact material or anything “in the spirit of” that material through a single service. Is this a new way to pirate?
stable diffusion is a great opportunity for small businesses. especially in an increasingly anti-small business america (maybe that’s just california?) I’d hate for it become inaccessible to creators that would wield it properly.
as long as creatives retain the ability to sue the bad actors, i’m glad. I personally don’t need Open or whomever is directly responsible for stable diffusion and its training data to be punished.
In the US, fair use lets you use copyrighted material without permission for criticism, research, artistic expression like literature, art, music, satire, and parody. It balances the interests of copyright holders with the public's right to access and use information. There are rights people can maintain over their work, and there are rights they do not maintain. We are allowed to analyze people's publically published works, and that's always been to the benefit of artistic expression. It would be awful for everyone if IP holders could take down any criticism, reverse engineering, or indexes they don't like. That would be the dream of every corporation, bully, troll, or wannabe autocrat.
The consultation angle is interesting, but I’m not sure applies here. Consultation usually involves a direct and intentional exchange of information and expertise, whereas this is an original analysis of data that doesn't emulate any specific intellectual property.
I also don’t think this is a new way to pirate, as long as you don't reproduce the source material. If you wanted to do that, you could just right-click and "save as". What this does is lower the bar for entry to let people more easily exercise their rights. Like print media vs. internet publication and TV/Radio vs. online content, there will be winners and losers, but if done right, I think this will all be in service of a more decentralized and open media landscape.