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0 pointstick_tock_tick2y ago0 comments

> Everybody seems to be saying this, but I really don't think there's even 50% chance of it happening.

That's true it's probably 99% plus it happening or at-least that's the conclusion that the experts and lawyers hired to help evaluate AI startup valuations are coming too. Hired by banks, venture funds, short selling shops, etc plenty of people who don't depending on it being ok to make money.

> "yes we're using copyrighted works, but we're doing it at scale and blending it, so that's ok"

I mean you know collages are legal right? You literally take 100s of copyrighted pictures and put them together and suddenly it's perfectly legal and ok.

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heisenzombie2y ago

Art made from a collage of, say, magazine photos does not supplant or substitute for the magazine photos which is why it's much more likely to be deemed fair-use. Despite the collage using perhaps large portions of the copyrighted photos, it is nonetheless transformative in the sense that no-one is deciding to buy the collage art instead of the magazine photo.

Contrast LLM-created code which is certainly a substitute for the original copyrighted work.

mbreese2y ago

> you know collages are legal right

Only if it’s sufficiently transformative. There was recently a case that hit the US Supreme Court about this subject regarding an Andy Warhol adaptation of a portrait of Prince [1]. So, in the US, fair use in this regard requires some amount of substantive transformation of the material. But, as we are talking about AI algorithms, there isn’t a person in between the model and the training data. The argument here is whether or not a person is required to make a transformative use of the material (and thus fair use applies). Given that AI generated (and non-human animal generated) works aren’t copyrightable due to the lack of human involvement, I’d wager that any AI use of copyrighted material won’t get fair use protections.

[1] https://www.eff.org/deeplinks/2023/05/what-supreme-courts-de...

jprete2y ago

You really think AI startups are valued based on the opinions of lawyers and experts? They’re valued based on whether the investors think they can find a bigger fool to hold the bag.

digging2y ago

> I mean you know collages are legal right? You literally take 100s of copyrighted pictures and put them together and suddenly it's perfectly legal and ok.

Really? When has this been done?

tick_tock_tickOP2y ago

You've never seen a collage?

jazzyjackson2y ago

I've never seen one go to court

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