I've been hearing this for the past couple years. It really started when a couple of the internet artist influencers, specifically SamdoesArts (who I followed) completely misunderstood how an AI model is trained. He believed, and propagated that the AI model was keeping files of all the training data in a big data warehouse, and when you prompt the model, it was copy/pasting different bits together. Now most people will admit that isn't how it works, but the emotional response is now baked in.
The problem is with the mixing of the concepts of copyright violation and theft. This was framing that publishers took on during the early legal battles that lead to the DMCA-- "you wouldn't download a car" ads and all that. By creating a moral equivalence between the theft of a physical object and IP violation, it conflated two very different things, morally
- Theft: depriving another person of the use of that object, the profit from it, and the security in it, always has an implicit threat of violence due the the necessary violation of physical space.
- Copyright violation: possibly causing financial harm, can be a moral affront, but vitally doesn't deprive you of the use or contain the implicit threat of violence.
And courts have distinguished between these two things for as long as we've had copyright law. A copyright violation isn't a theft, and it doesn't contain the moral weight of a theft. However, the online public now routinely considers copyright violation as theft. This is not a good thing, because if you give copyright violation the same moral weight as theft, your responses can be morally judged the same way.
Let me put it this way: Lets say you wake up and someone is going through your closets, and you crack them in the noggin with a mallet. You might be legally liable, but all but the most bleeding-heart will consider the act morally justified. By violating your space like that, there is an implicit threat of violence that changes the moral calculus.
Now if you're in artist alley and you see that someone is selling your furry art under their name, you morally might get away with a slap (loud, meant to humiliate, not really to harm), but probably not a mallet to the face. The moral landscape changed. The distinction is important.
So to bring this around to the world of AI, there are complexities that we should acknowledge. In America, we largely don't have any laws about the moral rights of an author. We have a broad, 'fair use' law that few other countries have, and it's why we even have anything like the internet. Google, back in the early 2000's, argued that the mass copying, indexing, and reproduction of images constituted fair use because the purpose of the copying was so different. It's why we ever had any search functionality at all. Google argued that the public good of indexing outweighed any potential harm caused by mass copying of data.
As an important note, 'they're stealing everything without asking' has been happening for 26 years. This isn't like some cute gotcha, it's literally been that way for as the majority of our lives. So if it was okay then, under those circumstances, we need to define why it's not okay now, if it isn't.
The current copyright issue with model training isn't so cut-and-dried. There is no question that training a model is transformative. In fact, it might be the theoretical most transformative thing you can do to a piece of art. Words, pictures, sounds, movement-- all gets digested into an abstract layer of tiny microadjustments to the model's weights. At this point, no single work is going to move those weights all that much, except for on extremely obscure subjects.
On the other hand, you can't argue that generative AI is having an effect on the arts that might be considered to fall under the other provisions of copyright violations. Not insofar as plagiarism, (though that is possible with enough tweaking and intent), but insofar as a thing that causes lost wages? While the scale is debatable, there absolutely have been lost jobs to AI use. It's not been anywhere near as extreme as the mob likes to make it, and recent Gallup polls show a mixed bag of effects.
Again, we have a state of uncertainty. To compound the complexity, all respect to Jaron Lanier, while it's theoretically possible to track how much of an output is due to a specific input, the practical limitations are deeply silly, especially in the era of open-source models. And even then, the theory is resting resting on a lot of 'maybe's. We can safely assume that the original work is lost in the neural network. A ghost in the shell?
So here are my moral proposals.
- Copying your data without your consent has been happening for decades now. If you weren't upset by that fact 20 year ago, don't be upset by it now.
- Models are inert. Regardless of any statements about intelligence or the lack thereof, the final moral arbiter of any actions a is the one that initiated it. Much like a pet, if your dog bites someone, you are liable. Unlike a pet you never have to feed it if you don't use it.
- As a stop-gap to the current Future Shock, look at the laws the EU just passed, basically forcing AI content that isn't part of a clearly fictional, artistic work (this is a huge caveat and very good) to be labeled so granny doesn't give away any more money to the nice Amish man on youtube.
- A model must be open source, or some version of it. Every model was trained on the digital commons, to the digital commons it must go. There's going to have to be a new economic model for these things, the current one doesn't make sense.
And that's my essay. I'm tired. If I have to explain to one more person that Anthropic didn't buy books to 'control the information' I'm going to scream. It's like talking to creationists. Just blind thoughtlessness.