this post was submitted on 22 Dec 2024
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Although I'm a firm believer that most AI models should be public domain or open source by default, the premise of "illegally trained LLMs" is flawed. Because there really is no assurance that LLMs currently in use are illegally trained to begin with. These things are still being argued in court, but the AI companies have a pretty good defense in the fact analyzing publicly viewable information is a pretty deep rooted freedom that provides a lot of positives to the world.
The idea of... well, ideas, being copyrightable, should shake the boots of anyone in this discussion. Especially since when the laws on the book around these kinds of things become active topic of change, they rarely shift in the direction of more freedom for the exact people we want to give it to. See: Copyright and Disney.
The underlying technology simply has more than enough good uses that banning it would simply cause it to flourish elsewhere that does not ban it, which means as usual that everyone but the multinational companies lose out. The same would happen with more strict copyright, as only the big companies have the means to build their own models with their own data. The general public is set up for a lose-lose to these companies as it currently stands. By requiring the models to be made available to the public do we ensure that the playing field doesn't tip further into their favor to the point AI technology only exists to benefit them.
If the model is built on the corpus of humanity, then humanity should benefit.
As per torrentfreak
Should be easy to defend against, right-out trivial: OpenAI, just tell us what those Books1 and Books2 databases are. Where you got them from, the licensing contracts with publishers that you signed to give you access to such a gigantic library. No need to divulge details, just give us information that makes it believable that you licensed them.
...crickets. They pirated the lot of it otherwise they would already have gotten that case thrown out. It's US startup culture, plain and simple, "move fast and break laws", get lots of money, have lots of money enabling you to pay the best lawyers to abuse the shit out of the US court system.
For OpenAI, I really wouldn't be surprised if that happened to be the case, considering they still call themselves "OpenAI" despite being the most censored and closed source AI models on the market.
But my comment was more aimed at AI models in general. If you are assuming they indeed used non-publicly posted or gathered material, and did so directly themselves, they would indeed not have a defense to that. Unfortunately, if a second hand provided them the data, and did so under false pretenses, it would likely let them legally off the hook even if they had every ethical obligation to make sure it was publicly available. The second hand that provided it to them would be the one infringing.
If that assumption turns out to be a truth (Maybe through some kind of discovery in the trial), they should burn for that. Until then, even if it's a justified assumption, it's still an assumption, and most likely not true for most models, certainly not those trained recently.