Posted by theanonymousone 5 hours ago
Greed will cost America the entire AI market at this rate
the US could also pull the functional harm argument in the same way the government uses it to regulate some protected speech (like the whole debacle over DeCSS)
Even if the free speech argument prevails, the US GOV can still use sanctions to prevent the public clouds from hosting any foreign open weight models, and prohibit US based sites from distributing the weights. It'll remain functionally legal for individuals (or at least, unenforceable) but in practice, you'll need to pirate the weights they won't be available from any US based site or provider and would be illegal for businesses to use, even if its a gray area, the liability will mean businesses won't touch them.
You could argue encryption is non-expressive operational artifacts too. Any sources on where it's being challenged with this argument?
Because with free speech, you can just create entirely new languages, so who's to say my language isn't weight values?
Also curious how a business would not have grounds to sue on a sanction like this Businesses (in America) have constitutional protections too.
There's also Texas v. Johnson (the flag burning case), the court rules that for something to be protected speech it must contain an intent to convey a specific message, and a great likelihood the message will be understood.
The core decision, if ever tested in court, will come down to "Are model weights an expression of human ideas? Or are they purely a mechanical tool?"
Benjamin Franklin
Unfortunately, capitalism of today appears to find public goods and strong, public, healthy public goods to be undesirable investments. Yet, it seems inevitable that some things trend that direction.
I feel if we could get a better handle on what goods fall into which category, and find ways to make those things sustainable and even grow, the situation could get better.
I'm speaking purely from observations here but it also looks like in some ways, the "invisible hand of the economy" (i.e. Adam Smith) might sort these things out by itself, albeit, painfully.
We could look at the fact that LLMs were mostly created from the public domain (except when they were not), and the resulting products/services (expensive to create/operate, benefits a huge swath of humanity, has all kinds of externality issues) as something that perhaps should again almost be considered as a public good.
If we look at the struggles LLM/AI companies have had with legal structure choices, such as nonprofit, for profit, etc and pricing (e.g. do we make it accessible at a loss? Do we extract huge profits?) as a kind of moral dilemma of classifying this new economic good (LLM-based AI).
In the US, the government has been taking investment interests in some tech companies, and recent proposals even include establishing sovereign wealth funds around AI/LLM. I think this is further evidence that the system is trying to figure out how to classify these new economic goods and corporations.
The combination of a wide range of model sizes and capabilities, with good engineering choices as which to use for what applications, that is the way.