At 2024-05-02T16:31:39-0600, Sam Hartman wrote:
>> Generative AI tools **produce** derivatives of other people's
>> copyrighted works.
> 
>> That said, we already have the necessary policies in place:
> 
> Russ pointed out this is a fairly complicated claim.
> 
> It is absolutely true that generative AI models have produced output
> that contains copyrighted text.
> 
> The questions of whether that text is an infringing derivative of
> those copyrighted works are making their way through a number of law
> suits in my country at least.
>
> And as Russ points out the moral issues are going to be even harder to
> figure out.
> 
> I don't think it is as simple as you write above, and I agree with
> Russ's thoughts on the situation.

I would also note that some media organizations such as the Associated
Press have a really expansive view of what constitutes copyright
infringement.

Here's an example of the boilerplate the AP puts at the bottom of their
articles.

"Copyright 2024 The Associated Press. All rights reserved. This material
may not be published, broadcast, rewritten or redistributed."[1]

Published, broadcast, or redistributed--sure, these fall within the
domain of actions regulated by the Copyright Act.

But _rewritten_?

"You may not take the facts adduced here and express them in an original
manner, or we'll sue your ass."

Their legal position is that they have a moral right to extract rent
from you if you in any way benefit via the written word from knowledge
in your head that may have come to you through their reportage.

The copyright cartels will charge us fees for each and every thought we
think if they can just find a way to automate the process.  I can see
Disney, Apple, Comcast, and Springer-Verlag sitting around a conference
table, like Dick Cheney's "Energy Task Force" in the run up to the Iraq
War, carving the domains of human thought up like a map of Iraqi oil
fields, haggling over the boundaries between the sectors of topical
cogitation allocated to each firm, with nothing remaining at the end.

It's long past time their Bastille was stormed.  As with the gunpowder
stored in the building, I expect generative AI to be used by both sides.

Regards,
Branden

[1] 
https://www.usnews.com/news/business/articles/2024-03-12/the-new-york-times-is-fighting-off-wordle-look-alikes-with-copyright-takedown-notices

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