I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.
please argue. please do not remove.
What constitutes fair use?
17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
GenAI training, at least regarding art, is neither criticism, comment, news reporting scholarship, nor research.
AI training is not done by scientists but engineers of a corporative entity with a long term profit goal.
So, by elimination, we can conclude that none of the purposes covered by the fair use doctrine apply to Generative AI training.
Q.E.D.
“Such as” means that these are examples and not an exhaustive list.
Can you explain how the 3 factors you listed rule out scholarship or research purpose? Regarding the first factor, how do you determine that AI developers are all engineers and never computer scientists?
I’d argue that the community benefit aspect of the “scholarship or research purposes”language preclude for-profit AI companies from falling under fair use. These aren’t education programs. They’re not research for the greater good. They are private entities trying to create a machine that can copy until it creates. For their own needs, not the greater good. Education has a net positive effect on society, and those stipulations in the law are meant to better serve the whole.
If these generative AI machines were being built by students, it would fall under these specifications of fair use. But the profit motive changes everything.
I’d say “fair use” pretty much covers educational and community benefit. Private companies do neither. They are stealing and reproducing for themselves, not society.
You skipped right over “teaching”.
Why is that?
Show me an application of Generative AI for teaching right now. As in, already existing.
Not teaching with AI
Teaching AI
I think their point is the law is written to benefit people. Not private companies or machines.
If this wide definition of “teaching” were acceptable, then the entire concept would cease to exist.
“You stole my paper and reproduced it for profit!”
“NOO, I’m just teaching my employees to write better. It’ll happen eventually, but we’re at the stage where reproducing something incredibly similar to your paper is necessary!”
I agree that all this needs to be examined, and some new laws and regulations should be developed. But, for good or ill, teaching is a covered use as written in the section of the law quoted above, and teaching is part of the process of training.
If anything, laws will likely have to be rewritten to adress changing technologies, but it seems disingenuous to quote a section of the law and then ignore the most relevant word in the entire text
I definitely get your point. But you don’t “teach” a machine. You program a machine. In the case of AI, technically the machine is building its own database and sort of growing and adapting as it gets more advanced.
I get your point, but I just don’t think “teaching” is even what is happening here. Like I said, if the definition were that broad, it would be rendered meaningless. Not to mention, there are so, so, so many examples of the generative AI just reproducing something specifically in the style of a known artist. Writing in the style of a specific author. It does that because we ask it to, but the point is the program is a machine for reproduction. You don’t teach something without sentience. You teach living things, you write code and make a program act in a specific way. And right now, the programs are blatantly reproducing signature pieces of work.
Now, OP mentioned we are “teaching” the machines to do things on its own. But my point is that’s not teaching. It’s reproducing and stealing. It’s not creating anything, it’s spitting out elements of what it’s absorbed. And because these machines can’t think, can’t add their own style—because what’s super fucked up is we are pretty much just discussing the machines replacing artists at the moment—these things are about experience and personality. Neither of which AI has. They ingest everything and spit back out what we ask for. And they’re spitting out elements of this or that—and in these cases, it’s intellectual property of artists and writers. And the most depressing aspect of this whole thing is that we have pretty much moved beyond the “wait, out of everything, we are teaching machines to take human creativity and expression away from…humans?” stage and just moved on to talking about whether it’s technically legal.
I agree, laws will definitely have to be rewritten. But for the sake of argument, I don’t think the letter of the law can be as broad as you’re suggesting. Interesting thought experiment for us, though. Because…no one gives a shit about our takes on the matter lol
Or the take of artists and writers. But that’s a whole different problem.
it is pretty obviously scholarship and research
It is pretty obviously Research and Development of a commercial product in many cases. Not fair use.
So fair use if it’s an opensource model?
there is no stipulation that the research must be non-profit.
woosh