this post was submitted on 26 Jan 2024
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Copyright law is the right tool, but the companies are chasing the wrong side of the equation.
Training should not and I suspect will not be found to be infringement. If old news articles from the NYT can teach a model language in ways that help it review medical literature to come up with novel approaches to cure cancer, there's a whole host of features from public good to transformational use going on.
What they should be throwing resources at is policing usage not training. Make the case that OpenAI is liable for infringing generation. Ensure that there needs to be copyright checking on outputs. In many ways this feels like a repeat of IP criticisms around the time Google acquired YouTube which were solved with an IP tagging system.
Should Photoshop check your image for copyright infringement? Should Adobe be liable for copyright infringing or offensive images users of it's program create?
Did photoshop create a portion of my image? Did adobe add a "generate the picture I asked for, for me, without my input beyond a typed prompt" as a feature?
Because if they did, 100% yeah, theyre liable.
They actually are not whether you use a prompt to generate the picture or a digitally paint it with a tablet.
The user would be the one committing copyright infringement.