this post was submitted on 09 Jul 2023
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Even if they did train the model on the entire text of the book, that's still not necessarily copyright violation. I would think not, since the resulting model doesn't actually have a copy of the book embedded within it.
But the server used to calculate the model would have a copy of it. If training an AI model is not fair use then the mere act of loading a book you don't have a license for into the server would be copyright infringement. Like text book. It's a unauthorized digital copy. It's all very untested legal grounds and seems like lots of people want to be the first to test it. Not everyone has a great case but if the courts interpret things a certain way there's gonna be lots of payouts so maybe best to get in line early?
Perhaps, but that's a separate legal issue from the model itself. You might have committed a breach of copyright in the process of gathering the material that the AI was trained on but the model itself is not a copy of that material and so is not itself illegal to train or use. And perhaps not even that, since downloading a pirated book is not the illegal part (uploading it is).
As you say, there's some untested legal waters here. But it seems likely to me that the best that Silverman will accomplish is some nibbling and quibbling around the edges.
Right but you can sue for what happened on the training server. I'm guessing the training server still exists. I doubt they wiped it completely before the next round of training. If the training server infringes copyright then you still lose the suit. Maybe. Remember that copyright law is not written with the internet in mind. If you have a "copy" and it's not authorized that might just be enough for a backwards court to find infringement.
I think of it in extremes. Imagine you had a video producing model of the future. Could you then load up every MLB game recorded and train the model to make novel baseball games based on that or would the MLB be pissed you had a server full of every MLB game ever recorded?