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Posted by at1as 3 days ago

AI didn't break copyright law, it just exposed how broken it was(www.jasonwillems.com)
115 points | 136 commentspage 2
infermore 3 days ago|
laws that were already broken can still be broken. AI exposed how broken copyright law was. AI companies also broke (and continue to break) that law
at1as 3 days ago|
I think the problem is that “transformation” has never been clearly defined in copyright law, and that ambiguity is exactly what AI companies lean on in their defense.

At a human scale, those boundaries get clarified through litigation on a case by case basis once an infringement becomes large or obvious enough. But there has always been a gray area around when a derivative work crosses the line into infringement.

And AI didn’t create that ambiguity, it just pushed it to a more extreme scale

scrubs 3 days ago||
This is a particularly well written article. Plaudits to poster and original writer. It took me from no clue to a context or sieve I could organize the noise through. And darn it, it made it look easy. Like the John Daily line it's so good I'm mad. Sheesh, thanks a lot!
at1as 3 days ago|
Thanks, I'm glad it helped! I still think it's too long, but kudos to those that made it through
fuzzfactor 2 days ago||
I can only imagine you already cut out a lot of material :)

The way I see it, the original problem, which stands the test of time, is when copies are made and/or sold by somebody who is taking credit for the original work without giving credit to the actual creator.

Anything less needs to be much more realistically reflected as very minor by comparison.

tsoukase 2 days ago||
Not copywrite but the whole democracy is broken. A big company with an army of lawyers and an OS project will claim exactly the same case. Who has more probability to win? It happens in every occasion, it's just that copywrite ones are more common. Only when two giants collide justice is rendered, eg Oracle vs Google over Java on Android.
vibedev 3 days ago||
IMHO AI generated content should be treated the same way with how human generated content and I don't see the problem. However as with technology the problem is a bit different, e.g.: When subletting your apartment requires manual effort, this is not a problem. Automated, it became an industry and that's a huge headache. I think this is the key point where the derived work has unlimited possibility that they want to curb it early on. In a way it's a fair effort to keep human's competitiveness but may prove to be futile.
avaer 3 days ago|
> IMHO AI generated content should be treated the same way with how human generated content and I don't see the problem.

The problem is that AIs don't have rights. So you literally can't treat it the same.

If I "make" something in a way I'm not allowed to (e.g. copying), the law will go after me. If AI makes something I'm not allowed to, I can just say "whoopsie doodle", blame the AI, and there are no repercussions for anyone.

hulitu 3 days ago||
> AI didn't break copyright law, it just exposed how broken it was

"I twist the truth, i rule the world"...

Tell this to kids raided by BSA for downloading pirated Microsoft and Adobe programms.

moi2388 3 days ago||
I’m happy with what’s happening.

It never made sense to me that just because you drew a shitty picture of a mouse, somehow I’m no longer allowed to do that.

ppqqrr 3 days ago||
copyright is not “broken,” it was always a two-faced scam designed to protect “owners” at the expense of creators. don’t expect this blatant hypocrisy to kill copyright, either - death of copyright is a slippery slope leading straight to communist utopia, and the death of the global acqui-parasite class
wtetzner 3 days ago||
> If you paint a picture of Sonic the Hedgehog in your living room, you are technically creating an unauthorized derivative work

Is this even true? It might violate a trademark, but I don't think it would violate copyright law unless it was a copy of an existing picture.

voxic11 1 day ago||
Characters are copyrightable, its a similar situation to song compositions vs song masters. There is the copyright of the original picture/song master but separately there is the copyright of the song composition/character. Making your own work derived from the same character or song composition is still a derivative work even if it doesn't directly copy the song master/original picture.
repelsteeltje 3 days ago|||
LLMs are often framed as lossy compression, and surely converting some copyrighted Sonic the Hedgehog image from PNG to JPEG is considered copyright infringement, no?!
AlienRobot 3 days ago||
Relevant: What Colour are your bits? https://ansuz.sooke.bc.ca/entry/23
AlienRobot 3 days ago|||
It's not true. You don't need "authorization" to create a derivative work. You do need a license to distribute copyrighted works, including derivatives. And this only matters when you are distributing it to a sizable audience.

For example, if you rent a movie, you can watch it with your family. Nobody is going to sue you for distributing the movie with 5 people in your room. That's pure nonsense. Same with music, books, etc.

If you try to play the movie in an establishment with dozens of people, then it can become a problem, because you're essentially a theater now.

I'm not a lawyer so I don't know what the law is on selling fan art on a convention or even privately commissioned fan artwork. But things aren't as draconian as people assume it is.

iso1631 3 days ago||
UK law, and I assume other countries, specifically says that playing the movie to the public is a breach of copyright, not playing it to your family.

https://www.legislation.gov.uk/ukpga/1988/48/section/19

k__ 3 days ago|||
Yeah, in some countries private stuff isn't illegal at all.
masklinn 3 days ago||
I don’t believe there’s any country where derivative work is intrinsically illegal. The Berne convention considers them protected same as originals.
masklinn 3 days ago||
It is true but meaningless. Derivative works are not illegal, and you don’t need authorisation to create one.

So if you draw sonic in your living room you are indeed creating an unauthorised derivative work. And someone can call it an unauthorised derivative work. And the only reaction that should induce is raising an eyebrow and replying “ok?”

teleforce 3 days ago||
"AI did break copyright law and by doing that exposed how broken it was."

Fixed that for you.

cyanydeez 3 days ago|
Sorry...what?

Money, money broke copyright.

Remember the DMCA?