Comment by admaiora
3 months ago
And it's a question of do we accept breaking law for the possibility to have the greatest technological advancement of the 21st century. In my opinion, legal system has become a blocker for a lot of innovation, not only in AI but elsewhere as well.
This is a point that I don't see discussed enough. I think anthropic decided to purchase books in bulk, tear them apart to scan them, and then destroy those copies. And that's the only source of copyrighted material I've ever heard of that is actually legal to use for training LLMs.
Most LLMs were trained on vast troves of pirated copyrighted material. Folks point this out, but they don't ever talk about what the alternative was. The content industries, like music, movies, and books, have done nothing to research or make their works available for analysis and innovation, and have in fact fought industries that seek to do so tooth and nail.
Further, they use the narrative that people that pirate works are stealing from the artists, where the vast majority of money that a customer pays for a piece of copyrighted content goes to the publishing industry. This is essentially the definition of rent seeking.
Those industries essentially tried to stop innovation entirely, and they tried to use the law to do that (and still do). So, other companies innovated over the copyright holder's objections, and now we have to sort it out in the courts.
> So, other companies innovated over the copyright holder's objections, and now we have to sort it out in the courts.
I think they try to expand copyright from "protected expression" to "protected patterns and abstractions", or in other words "infringement without substantial similarity". Otherwise why would they sue AI companies? It makes no sense:
1. If I wanted a specific author, I would get the original works, it is easy. Even if I am cheap it is still much easier to pirate than use generative models. In fact AI is the worst infringement tool ever invented - it almost never reproduces faithfully, it is slow and expensive to use. Much more expensive than copying which is free, instant and makes perfect replicas.
2. If I wanted AI, it means I did not want the original, I wanted something Else. So why sue people who don't want the originals? The only reason to use AI is when you want to steer the process to generate something personalized. It is not to replace the original authors, if that is what I needed no amount of AI would be able to compare to the originals. If you look carefully almost all AI outputs get published in closed chat rooms, with a small fraction being shared online, and even then not in the same venues as the original authors. So the market substitution logic is flimsy.
You're using the phrase "actually legal" when the ruling in fact meant it wasn't piracy after the change. Training on the shredded books was not piracy. Training on the books they downloaded was piracy. That is where the damages come from.
Nothing in the ruling says it is legal to start outputting and selling content based off the results of that training process.
I think your first paragraph is entirely congruent with my first two paragraphs.
Your second paragraph is not what I'm discussing right now, and was not ruled on in the case you're referring to. I fully expect that, generally speaking, infringement will be on the users of the AI, rather than the models themselves, when it all gets sorted out.
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>Nothing in the ruling says it is legal to start outputting and selling content based off the results of that training process.
Nothing says it's illegal, either. If anything the courts are leaning towards it being legal, assuming it's not trained on pirated materials.
>A federal judge dealt the case a mixed ruling in June, finding that training AI chatbots on copyrighted books wasn't illegal but that Anthropic wrongfully acquired millions of books through pirate websites.
https://www.npr.org/2025/09/05/g-s1-87367/anthropic-authors-...
I don’t follow. You’re punishing the publishing industry by punishing authors?
I'm saying that LLMs are worthwhile useful tools, and that I'm glad that we built them, and that the publishing industry, which holds the copyright on the material that we would use to train the LLMs, have had no hand in developing them, have done no research, and have actively tried to fight the process at every turn. I have no sympathy for them.
The authors have been abused by the publishing industry for many decades. I think they're just caught in the middle, because they were never going to get a payday, whether from AI or selling books. I think the percentage of authors that are commercially successful is sub 1%.
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> Folks point this out, but they don't ever talk about what the alternative was.
That LLMs would be as expensively priced as they really are on society and energy costs? A lot of things are possible, whether they are economically feasible is determined by giving them a price. When that price doesn't reflect the real costs, society starts to wast work on weird things, like building large AI centers, because of a financial bubble. And yes putting people out of business does come with a cost.
"Innovation" is not an end goal.
Innovation is absolutely an end goal, at least in terms of our legal framework. The primary impetus for copyright and patent law is is innovation: to credit those that innovate their due, and I do think this stems from our society seeing innovation as an end goal. But the intent of the system is always different than its actual effect, and I'm fairly passionate about examining the shear.
I run my AI models locally, paying for the hardware and electricity myself, precisely to ensure the unit economics of the majority of my usage are something I can personallly support. I do use hosted models regularly, though not often these days, which is why I say "the majority of my usage".
In terms of the concerns you express, I'm simply not worried. Time will sort it out naturally.
You’re willing to eliminate the entire concept of intellectual property for a possibility something might be a technological advancement? If creators are the reason you believe this advancement can be achieved, are you willing to provide them the majority of the profits?
That's an absolutely good tradeoff. There's no longer any need for copyright. Patents should go next. Only trademarks can stay.
> There's no longer any need for copyright
So you assign zero value to the process of creation?
Zero value to the process of production?
So people who write and produce books, shows and films should all do what? Give up their craft?
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Bullshit. Read up and understand the history of these things and their benefits to society. There is a reason they were created in the first place. Over a very long time. With lots of thoughts into the tradeoff/benefits to society. That Disney fucked with it does not make the original tradeoff not a benefit to society.
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Without agreeing or disagreeing with your view, I feel like the the issue the issue with that paradigm is inconsistency. If an individual "pirates", they get fines and possible jail time, but if a large enough company does it, they get rewarded by stockholders and at most a slap on the wrist by regulators. If as a society we've decided that the restrictions aren't beneficial, they should be lifted for everyone, not just ignored when convenient for large corporations. As it stands right now, the punishments are scaled inversely to the amount of damage that the one breaking the law actually is capable of doing.
> And it's a question of do we accept breaking law for the possibility to have the greatest technological advancement of the 21st century
You mean like, murder ?