Those claiming AI training on copyrighted works is “theft” misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they’re extracting general patterns and concepts - the “Bob Dylan-ness” or “Hemingway-ness” - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in “vector space”. When generating new content, the AI isn’t recreating copyrighted works, but producing new expressions inspired by the concepts it’s learned.
This is fundamentally different from copying a book or song. It’s more like the long-standing artistic tradition of being influenced by others’ work. The law has always recognized that ideas themselves can’t be owned - only particular expressions of them.
Moreover, there’s precedent for this kind of use being considered “transformative” and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it’s understandable that creators feel uneasy about this new technology, labeling it “theft” is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn’t make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
If they can base their business on stealing, then we can steal their AI services, right?
How do you feel about Meta and Microsoft who do the same thing but publish their models open source for anyone to use?
Those aren’t open source, neither by the OSI’s Open Source Definition nor by the OSI’s Open Source AI Definition.
The important part for the latter being a published listing of all the training data. (Trainers don’t have to provide the data, but they must provide at least a way to recreate the model given the same inputs).
They are model-available if anything.
For the purposes of this conversation. That’s pretty much just a pedantic difference. They are paying to train those models and then providing them to the public to use completely freely in any way they want.
It would be like developing open source software and then not calling it open source because you didn’t publish the market research that guided your UX decisions.
Tell me you’ve never compiled software from open source without saying you’ve never compiled software from open source.
The only differences between open source and freeware are pedantic, right guys?
You said open source. Open source is a type of licensure.
The entire point of licensure is legal pedantry.
And as far as your metaphor is concerned, pre-trained models are closer to pre-compiled binaries, which are expressly not considered Open Source according to the OSD.
Well how long to you think that’s going to last? They are for-profit companies after all.
I mean we’re having a discussion about what’s fair, my inherent implication is whether or not that would be a fair regulation to impose.
Pirating isn’t stealing but yes the collective works of humanity should belong to humanity, not some slimy cabal of venture capitalists.
Unlike regular piracy, accessing “their” product hosted on their servers using their power and compute is pretty clearly theft. Morally correct theft that I wholeheartedly support, but theft nonetheless.
Is that how this technology works? I’m not the most knowledgeable about tech stuff honestly (at least by Lemmy standards).
There’s self-hosted LLMs, (e.g. Ollama), but for the purposes of this conversation, yeah - they’re centrally hosted, compute intensive software services.
Yes, that’s exactly the point. It should belong to humanity, which means that anyone can use it to improve themselves. Or to create something nice for themselves or others. That’s exactly what AI companies are doing. And because it is not stealing, it is all still there for anyone else. Unless, of course, the copyrightists get there way.
Also, ingredients to a recipe aren’t covered under copyright law.
ingredients to a recipe may well be subject to copyright, which is why food writers make sure their recipes are “unique” in some small way. Enough to make them different enough to avoid accusations of direct plagiarism.
E: removed unnecessary snark
I think there is some confusion here between copyright and patent, similar in concept but legally exclusive. A person can copyright the order and selection of words used to express a recipe, but the recipe itself is not copy, it can however fall under patent law if proven to be unique enough, which is difficult to prove.
So you can technically own the patent to a recipe keeping other companies from selling the product of a recipe, however anyone can make the recipe themselves, if you can acquire it and not resell it. However that recipe can be expressed in many different ways, each having their own copyright.
In what country is that?
Under US law, you cannot copyright recipes. You can own a specific text in which you explain the recipe. But anyone can write down the same ingredients and instructions in a different way and own that text.
Keep in my that “ingredients to a recipe” here refers to the literal physical ingredients, based on the context of the OP (where a sandwich shop owner can’t afford to pay for their cheese).
While you can’t copyright a recipe, you can patent the ingredients themselves, especially if you had a hand in doing R&D to create it. See PepsiCo sues four Indian farmers for using its patented Lay’s potatoes.
No, you cannot patent an ingredient. What you can do - under Indian law - is get “protection” for a plant variety. In this case, a potato.
That law is called Protection of Plant Varieties and Farmers’ Rights Act, 2001. The farmer in this case being PepsiCo, which is how they successfully sued these 4 Indian farmers.
Farmers’ Rights for PepsiCo against farmers. Does that seem odd?
I’ve never met an intellectual property freak who didn’t lie through his teeth.