this post was submitted on 02 Aug 2023
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Free and Open Source Software
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There is already consensus, it just hasn't been concluded explicitly yet.
There is no "AI" and there's no "learning", so there's no new unbeaten path in law. like some would make you believe. LLMs are data processing software that take input data and output other data. In order to use the input data you have to conform to its licensing, and you can't hide behind arguments like "I don't know what the software is doing with the data" or "I can't identify the input data in the output data anymore".
LLM companies will eventually be found guilty of copyright infringement and they'll settle and start observing licensing terms like everybody else. There are plenty of media companies with lots of money with a vested interest in copyright.
That's not how copyrights work. They only care about copying or replicating that data. The hint is in the name
Copyright is not just about copying the data. It's a name that stuck but it's more accurately to call it "author rights". The law awards the rights holder extensive rights, including deciding how the data is used.
And (as an aside) permission by omission doesn't work as an excuse either, if the right to use the data in some way hasn't been explicitly granted it most likely doesn't apply.
No that's not what copyrights are. The idea that they're "author rights" has no basis in law
Why insist to argue this point when a simple visit to Wikipedia will show I'm right?