this post was submitted on 22 Dec 2024
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To speak of AI models being "made public domain" is to presuppose that the AI models in question are covered by some branch of intellectual property. Has it been established whether AI models (even those trained on properly licensed content) even are covered by some branch of intellectual property in any particular jurisdiction(s)? Or maybe by "public domain" the author means that they should be required to publish the weights and also that they shouldn't get any trade secret protections related to those weights?
Unlikely, I'd say, In EU jurisdictions copyright requires creative authorship, not "sweat of the brow" which is why by default databases aren't included, which is why they're have their own protection regime.
Quote, emphasis mine:
In AI models the organisation is inferred from the data, it's not planned into the database. The first bullet point is on less shaky, a summary an AI can make of a book can reasonably be regarded to be "informative content", nothing about db protections says that they have to store full works it could also be references, citations, etc.