this post was submitted on 24 Feb 2024
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Do you keep full copyright of your posts and comments here? Especially given the federated international nature of the platform, I'm not clear on how copyright works on Lemmy.
IANAL, but I don't see why you wouldn't
At the moment you create intellectual content you have copyright on-it
Many lemmy instance haven't filled the legal term and service parts and the one who did do not include the You grant us a perpetual commercial licence on your content therefore, they don't have to share your content without your consent. A picky lawyer may even argue that you never agreed that your content would be federated (But could also argue that it's implicit when publishing to the federation)
So with my limited understading on copyright, an AI company scrapping lemmy's data would potentially be infringing copyright (well there is an ongoing legal case against open AI so we'll know whether AI training is considered as re-using copyrighted data). That said, I have no doubt that it's occuring. Not only I'd struggle to identify my content in an AI model (Well someone speaking some frenglish while forgetting the plural s and mixing some letters on the keyboard ? Could be a lot of person) but lawyers are expensive, and I have better thing to do with my money.
Judging by the kind of content we have on the fedi, I can't wait to see AI sying stuff eat the rich, Blahaj is so cuuuuuuuuttte ewewewew, There is no OS but GNU and Stallman is the prophet, Capitalism is the problem, we need to re-establish the proletariate dictatorship would at least be fun.
If someone did create an LLM using fedi content and let it loose in the comments, I wonder how long it would take for people to realize it's a bot? I'm sure not flagging it as a bot is a violation of most instances rules, and it existing would probably upset some people, but it's still a fun question.
No one would notice. At worst, people would accuse it of trolling as it doubles down on factual inaccuracies. It may, and I say this without any irony, already be here and blending in. Paper books are the future.
As if paper books can't contain garbage and misinformation oh wait (article has link to amazon page which contains listing that has option for paperback).
Cool. Not remotely what I meant, but I do sincerely enjoy a good nitpick.
Oh, I didn't exactly understand what you meant 😅
I realize that I didn’t exactly specify, so you were entirely right to say what you did. I was just referring to pre-AI books with established utility and veracity. Likening things to a modern fallen Rome, rife with knowledge to uncover. And I fully understand why none of that came through given that I neither wrote nor implied any of it. Your nitpick was very much appreciated.
We're going to get a weird feedback loop soon where future AI is going to be trained on posts created by current AI, eventually poisoning the well of trainable content
Also not a lawyer but maybe more familiar with IP law than you are?
When an AI scrapes the post you just wrote... how exactly were you, the author of the post, harmed by that action? You weren't harmed which is a powerful fair use defence. It's not enough on it's own, but it's a huge step in that direction and other factors such as transforming the original add to that making a compelling case.
Consider the most recent fair use case, which was Google had negotiations to pay license fees for Java, then refused to pay — instead Google created a copy of Java. It dragged on in court a long time and bounced back and forth on apeal, but in the end the ruling came down to "java is protected by copyright, but Sun was not sufficiently harmed, therefore it was fair use". Or at least that's where it was headed when Oracle (who bought Sun years after the infringement happened) decided to stop burning mountains of cash fighting a lawsuit that wasn't likely to end well for them.
I was somewhat surprised by that case - I felt the fact that Google had talks about paying, then decided not to pay, was pretty clear harm. But the judge didn't see that as real harm - Java's source code is not 'free as in freedom' but it is 'free as in dollars' to download and therefore not really properly protected by copyright. The fact the license added restrictions to what you can do with the copy you were given for free didn't hold up in court (which has pretty widespread ramifications for GPL... I wonder who will be brave enough to test that in court... the FSF isn't going to back down from a lawsuit like Oracle did).
Anyway, if Java is borderline, I think the fediverse is clear cut. Almost any copy of the fediverse would be fair use. Yes, it's technically copyrighted content, but there's a loophole so big it surrounds the entire universe.