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AI Lie: Machines Don’t Learn Like Humans (And Don’t Have the Right To)
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this post was submitted on 13 Sep 2023
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Technology
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From Wikipedia, "a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work".
You can probably can the output of an LLM 'derived', in the same way that if I counted the number of 'Q's in Harry Potter the result derived from Rowling's work.
But it's not 'derivative'.
Technically it's possible for an LLM to output a derivative work if you prompt it to do so. But most of its outputs aren't.
What was fed into the algorithm? A human decided which major copyrighted elements of previously created original work would seed the algorithm. That's how we know it's derivative.
If I take somebody's copyrighted artwork, and apply Photoshop filters that change the color of every single pixel, have I made an expressive creation that does not include copyrightable elements of a previously created original work? The courts have said "no", and I think the burden is on AI proponents to show how they fed copyrighted work into an mechanical algorithm, and produced a new expressive creation free of copyrightable elements.
I think the test for "free of copyrightable elements" is pretty simple - can you look at the new creation and recognize any copyrightable elements in it? The process by which it was created doesn't matter. Maybe I made this post entirely by copy-pasting phrases from other people, who knows (well, I didn't, only because it would be too much work), but it does not infringe either way...