this post was submitted on 09 Aug 2023
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First, feeding something into a machine is not the same as looking at it. Person C literally creates nothing. They are a parasite. There's far more to creating than using statistical modeling algorithms. One cannot claim that that's what people studying a style and then creating someone are doing because it is empirically false.
Second, the scope of the discussion is not just "can someone legally get in trouble".
"Feeding something into a machine is not the same as looking at it" Most scientists would vehemently disagree. Human brains are just a complex and squishy computer. The fact that they're biological makes no difference to how we function. Input goes in, processing occurs, output comes out. Even the term "Computer" started as a job title for a human prior to the invention of mechanical and electric devices.
The scope of the discussion is absolutely what would get you in trouble. That's literally the entire post we're commenting on. We're not arguing if this SHOULD be allowed or not, we're arguing about whether current laws prohibit it.
You keep harping on about parasites, is every person who creates a machine to do a task that competes with humans parasitical in your fucked up world logic? If we want to make a machine to build widgets, an engineer will study how widgets get built, design a machine to do it instead, produce the machine, then a company will use it to outcompete the original manual widget makers. Same process for essentially every machine we've ever invented.
In that aspect, we are absolutely in agreement. We are meat computers in meat cages containing necessary support systems. That statement was, perhaps, an oversimplification.
Things like LLMs are attempts to model how the human brain works but are not identical, nor are LLMs, by themselves, capable of intelligence. If one argues contrarily that feeding data into an LLM and using it to produce something is the same, then the one using the LLM is clearly not the author and claiming so is plagiarism of the work of either the creator of the LLM or the LLM itself.
The argument that, legally, IP owners cannot specify that their works may not be used as feedstock for competing commercial products is rather absurd itself and would invalidate all but the most permissive open-source licenses as well as proprietary licenses. As pointed out elsewhere, this line of thought would allow one to steal leaked source code and use it to effectively clone existing software. Use of the source in this manner would be infringing on the owner's IP rights.
Perhaps a good way to think about LLMs is as automated reverse engineering. They take data and statistically model it in order to characterize it. There is substantial case law there and the EFF has a great FAQ on the topic: https://www.eff.org/issues/coders/reverse-engineering-faq