Unpopular Opinion [Locked]
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Here’s an analogy that can be used to test this idea.
Let’s say I want to write a book but I totally suck as an author and I have no idea how to write a good one. To get some guidelines and inspiration, I go to the library and read a bunch of books. Then, I’ll take those ideas and smash them together to produce a mediocre book that anyone would refuse to publish. Anyway, I could also buy those books, but the end result would still be the same, except that it would cost me a lot more. Either way, this sort of learning and writing procedure is entirely legal, and people have been doing this for ages. Even if my book looks and feels a lot like LOTR, it probably won’t be that easy to sue me unless I copy large parts of it word for word. Blatant plagiarism might result in a lawsuit, but I guess this isn’t what the AI training data debate is all about, now is it?
However, if I pirated those books, that could result in some trouble. However, someone would need to read my miserable book, find a suspicious passage, check my personal bookshelf and everything I have ever borrowed etc. That way, it might be possible to prove that I could not have come up with a specific line of text except by pirating some book. If an AI is trained on pirated data, that’s obviously something worth the debate.
You are equating traing an LLM with a person learning, but an LLM is not a person. It is not given the same rights and privileges under the law. At best it is a computer program and you can certainly infringe copyright by writing a program.
It's not "At best it's a computer program". It is a computer program, a program of probability that it's response should be X. The training data could be stolen, but it's output isn't.