Comment by ninjahawk1
5 days ago
The U.S. does NOT have copyright protections on the data that AI models were and are trained on, it was mass theft. Now all of a sudden, the Chinese are stealing from the thieves and we’re supposed to care?
No one cares, we just want cheaper AI models that are equally as powerful. They’re all thieves regardless.
Ok, but can you please follow the HN guidelines and focus on specific, thoughtful discussion, not generic/indignant tangents? The first is what we're trying for, and the second basically destroys it.
"Eschew flamebait. Avoid generic tangents." - https://news.ycombinator.com/newsguidelines.html
Ultimately this is more a problem with the upvoting system than the comments themselves, since generic/indignant comments routinely attract lots of upvotes, and then sit on top of the thread, smothering more interesting discussion. But in terms of moderation we can only reply to commenters.
Its even dumber when you consider AI model output was not considered copyrighted or eligible for copyright to begin with, as far as I know. How exactly would this even be "theft"?
Plus on top of that it's been ruled that training on copyrighted material is allowed because it's transformative. As a result even if the model output is copyrighted training on it would be as allowed as training on books.
If this was ruled ok why are they paying billions to book publishers?
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I can't imagine Moonshot have found a way to completely bypass the subscription or api billing either. So those model outputs have been paid for! No theft of any kind!
At most they'd be getting more out of distributed use of subsidized plans and API than the ToS would prefer.
It’s theft because a lot of rich people have money on the line.
It’s not they, but it does break TOS.
As if scraping the entire internet doesn't break thousands of TOSes?
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It's still the pot calling the kettle black.
steal from the rich -> theft
steal from the poor -> capitalism
pay the rich for their services then lawfully use what you paid for to compete with the rich -> national security issue?
Training on copyright was ruled to be transformative.
Anthropic was just fined for not paying for the pirated books they copied into a training database. Same as anyone else who copied pirated IP onto their hard drive.
However, training an AI on copyright has been ruled to be sufficiently transformative and not a violation of IP laws. The same way you can make a gameplay clone of Call of Duty without any issue.
So they got fined for… stealing?
Also, if I clone Call of Duty, and use their skins, make a similar soundtrack, call my maps the same, then there will definitely be an issue.
I support the use of AI and all, but to hide behind transformative use of copyrighted intellectual property is a discredit to the colossal amount of human work and knowledge that these companies pirated and had their models trained on.
>So they got fined for… stealing?
Correct, 2001 napster style pirating of content. You cannot copy stuff you didn't pay for onto your hard drive.
>Also, if I clone Call of Duty, and use their skins, make a similar soundtrack, call my maps the same, then there will definitely be an issue.
A gameplay clone as I stated, tons exist (team death match, capture the flag, battle royale, with first person gunplay and army guys shooting each other). The rest is your argument, not mine.
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yep, theft but not plagiarism.
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By that same argument, distilling a model to train your own is also transformative. We can’t have it both ways. Either both training on copyright and distillation are transformative, or both are illegal. Also, it is not a matter of settled law that training on copyright is transformative. That was a single case, and others are still pending AFAIK.
>"Anthropic was just fined for not paying for the pirated books they copied into a training database."
Normal person would be sitting in jail for doing same thing. It is a shame they call it justice.
> Same as anyone else who copied pirated IP onto their hard drive
Not really the same. Private citizens have received fines MUCH higher per-work when downloading for just their private consumption.
Ruled by whom? The International Court of the Northern District of California?
What if use an LLM and attach CoD screenshots, or assets?
You're trying to kidnap what I've rightfully stolen!
https://www.dailymotion.com/video/x4cxcsa
Are public libraries thieves?
Is Anna's Library thieves?
Is Library Genesis thieves?
Is Archive.org thieves?
Is PirateBay thieves?
They all look like public libraries to me. And better access to all human knowledge is a net positive for everyone.
Public library buy the works they distribute. They also pay for the usage of these works. Copying of said works is still illegal. You should read up on how libraries actually work.
That's NOT always been the case.
Libraries used to require membership and dues. Those then bought more books on the used or retail market. LOTS of fights were about that system, cause book publishers hated libraries. And well, they still do.
And to be fair, fuck copyright. Its holds all of us back, so someone can go "FUCK YOU, NO". And nobody or company deserves what is it, 70 years+ death copyright length.
And with the recent Anthropic settlement, used to be, for-profit pirates would go to prison. I also remember absurd 2000's settlements over Britney Spears and Metallica for $5000-$7000 for 20 songs.
You are not going to win me over on massive gatekeeping human knowledge over "Itssss ill-eagle!". I know, and I don't care. And if I'm ever in a case over this, I'll tank it.
> Copying of said works is still illegal.
Yes it is, but at least they are not charging for the access.
That’s fine too, in that case Open Weight models made by China are doing humanity a favour
I strongly believe that's the case. That's even the case with the recent OpenAI hack of HuggingFace.
The censorship of US models is so bad (read: guardrails), that they had to use GLM 5.2 on their own hardware to do the analysis. That's how locked down, restrictive, and closed source American models are. They're basically for-profit piracy by way of selling tokens.
Whereas the Chinese models are just "here you go, download and run".
I know what I run. Qwen3.5 and 3.6 and GLM5.2 . USA token vendors are incentivised in doing worse to sell more slot machine tokens.
Someone going to public library, copying every book out of it and then selling them as their own are thieves.
Not technically theft unless the public library no longer has the books. Selling something and saying you created it when you didn't is a different five-letter word: fraud.
Putting prompts in an LLM and saying you "created" the image or text thereof is fraud.
I don't believe anything is being sold here :)
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No, they've merely infringed copyright. Theft is a well understood concept and it does not pertain to information.
Okay, but that's not what happened as far as I'm aware. Who did they sell their copies of the books to?
Copyright infringement, maybe. Theft? No. When something is stolen from you, you don't have that thing anymore.
The answer to widespread theft is not to simply allow the guy who did the theft to get away with it because his implementation was cheaper.
It's to punish theft.
But distillation is not theft. They are paying for the usage of the API. It is also not copyright infringement, as AI companies do not hold the copyright for the output of their models.
> But distillation is not theft.
Legally no, but I think an honest reading of the 'fair use' statute doesn't actually pass the 'doesn't compete with the author's original work' aspect of fair use, even if the use is transformative.
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Exactly! While the people who spent more money on their theft are rewarded with more business to counteract their losses! Justice is finally being wrought on those who have wronged society with their wicked ways!
(/s if it wasn't obvious)
Being serious, it is far more likely, especially given the events of the past 18 momths, that Trump is just doing autocrat things because he can, and ultimately doesn't really care what is and is not good for American business as long as he continues to grow his wealth through corrupt behavior.
> Trump is just doing autocrat things
Yeah, he really is. It's awful. We're creating a class of elites that are accountable to no one, and their hold on power is slowly becoming sanctioned by law. It wouldn't surprise me if we soon had a system where there were people in various professions who considered themselves professional Trumpists who got to steer the fields they were in according to the diktats of the party. You would have to be in-line with their ideology to get anywhere in a career, whether it be in industry, politics, arts, or science. It'd suck.
You know where you see a fully-developed version of this idea?
China.
not when by your own rules it's legally ruled "not theft".
Rules are flexible. The people who pay attention know this.
People expect the US to apply rules evenly to both American AI efforts and that of its primary geopolitical rival. China certainly doesn't do that. Their entire economy is based around giving Chinese firms the advantage regardless of what it means for the wallets of consumers at home or abroad.
Since that's who we're playing against, and no one is going to willingly give up their open-weight models from the totalitarian rival, well, then use their ruleset.
It's that or punish the theft by making the US companies pay for their training data and blocking outside efforts that trained off the data the US companies stole.
> The U.S. does NOT have copyright protections on the data that AI models were and are trained on, it was mass theft.
Absolutely false. Courts have decided that it is fair use [1]. That makes sense. It should not be used to justify Chinese theft.
https://www.reuters.com/world/us-judge-approves-anthropics-1...
Why is it not fair use for the Chinese models if all they are doing is distilling these fair use models? According to the courts, AI model output is not copyrighted or eligible for copyright.
Distillation does not violate copyright law.
It violates contractual terms of use.
Correct. This seems to be poorly understood.
You can use an original work to write an encyclopedia (e.g. Wikipedia). That is fair use.
You cannot copy an original work and distribute it.
LLMs are an encyclopedia.
But no Chinese company has copied and distributed an American LLM.
Even if they had wanted that, it would have been impossible, because Anthropic et al. do not let anyone access them directly.
Querying the available API can be used to extract only an extremely small part of the information stored in an LLM.
That part can be used for the post-training of another LLM, to obtain some desirable properties, but the extracted information is far too little to be called "copying" or "distributing". Moreover, after the post-training it does not appear anywhere in the weights verbatim, so its use is at least as transformative as the training of the original American model.
Besides these facts, there is no evidence that the Chinese companies have actually done this, even if it sounds plausible.
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This is a silly argument. Like yes, obviously it’s of less U.S. concern if one American is robbing another versus a foreign interest. We can deal with one whenever while the other creates constraints.
The better arguments are the ones made in the article. Open weights increase competition and thus AI availability in the U.S. economy.
This is not robbing. Undesired distillation is a ToS violation, at best.
There is not even jurisdiction over Chinese companies, because they don't sell their LLM subscribtions, unlike US companies, and those comitted much more severe violations in getting their training material than a ToS violation or two (Anthropic already found guilty).
edit: I don't see this as legal argument against the ban, more like a justification for why basically no moral person is gonna side with OpenAI and Anthropic on this. US gov can try and ban as many weights as they want, I expect that to be similarly effective as banning numbers was in the past (i.e. not).
> There is not even jurisdiction over Chinese companies, because they don't sell their LLM subscribtions, unlike US companies, and those comitted much more severe violations in getting their training material than a ToS violation or two (Anthropic already found guilty).
This is false. They do sell LLM subscriptions. Many also release _most_ of their models as open weights.
None of it is robbing because there is no violence, but sure. The point is being confused why an external threat is treated differently from internal ones is a self goal in a debate where there are far better arguments for not banning these models.
It's not like those American companies were only stealing form Americans. Maybe you could argue about utility, but morally I don't see any ground to stand on
And the utility argument is also very shaky. The proposed punishment for foreign interests stealing "US data" is that other Americans now aren't allowed to benefit from that, while the rest of the world can
There isn’t an argument for banning Chinese or open-weight models. I’m just saying OP’s moralistic outrage take is about the weakest one you can come up with against it.
Obviously stealing is bad, doesn't matter who you steal from. In this case, its a simple case of no honour amongst thieves.
> its a simple case of no honour amongst thieves
Which is why making an honour-based argument to said thieves is silly.
Whether or not it’s robbery is irrelevant. It’s the proposed remedy that is the problem
Sure. Great. OP’s argument focuses on the outrage. That’s focusing on the first bit.
Blatantly lack of principles.
Sure. The American electorate isn’t really principled right now. If the best argument we can surface is this tripe, we’ll lose access.
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You can be against both.
The era of so-called "intellectual property" is over.
You can accept it or not. But it's going to be a lot easier if you do.
So how come Disney still gets upset when I provide copies of their movies on my website as "training set for biological neural networks"?
The problem isn't that IP is dying - in most industries it died ages ago. The problem is that it is now explicitly reserved for the rich.
> Disney still gets upset
Why do you care about Disney's emotional outbursts in the first place though?
> The problem is that it is now explicitly reserved for the rich.
That's not new - it has always served entrenched interests at the cost of actual artists and entertainers. John Perry Barlow laid this out with great clarity throughout his time with The Grateful Dead, perhaps best here: https://www.youtube.com/watch?v=rLbqgG6o1n8
The solution is straightforward -- be rich!
One’s like taking something from your brother or sister and the other is like taking from your neighbor with whom you have a bad history…
I do care.
It's an unfortunate truth that we're exiting a global peace era and entering one of (hopefully just...) implied conflict. Our biggest geopolitical rival that's been threatening a hot war also distilling the things we build is not a good thing.
Trump is a huge self-own by our electorate sadly, but being concerned about a conflict between China and the US is a very bi-partisan concern for good reason.
Luckily for the peace side, the USA's inability to achieve their mission objectives in a war against an adversary that was perceived as being substantially weaker means they are very much less likely to engage in one with a "near peer".
The take away from modern conflicts is that massive military size disparities don't translate into successful invasions anymore.
In other words, it's unlikely USA will pursue a conflict with China, and it's unlikely China will pursue a conflict with Taiwan.
Yes, the administration is definitely and would not start a war for no reason other than to start a war.
People really have to stop sanewashing the government, it doesn't work anymore, these people are not thinking through what they're doing.
I don’t think those are “learned” lessons. Only how to push harder next time.
Might wanna reflect on who’s threatening hot war lately.
It's not a threat anymore if you actually start a war!
/s
The main actors threatening (and delivering) a hot war are China, and by proxy, Russia. The Ukraine war is absolutely and transparently enabled by China, who is also trying to actively destabilize the EU and the US in order to make its conquest of Taiwan more likely.
Yes, the US has an idiot in charge who is threatening these things in response, too. However, unlike China, the electorate does not support him. His election is also almost certainly due to aggressive campaigns to destabilize the US internally for this exact purpose.
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Our biggest geopolitical rival is also the only thing standing in the way of a potential duopoly on LLMs using closed weight models. I would not say I’m a fan of the PRC by any means, but I also do not want to see closed weight models controlled by two big companies dominating what I can use. Especially since said companies arbitrarily restrict model usage and can ban users for no reason.
> It's an unfortunate truth that we're exiting a global peace era
You’re a tiny bit late on that one
No, we are in the process of an exit. This takes time
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I keep hearing about this "we" as if it's still a coherent nation state and not just an unaccountable ruling class from both parties where the most severe consequence is failing upwards into a lobbyist provided position. I literally have no moral preference when it comes to the US or the CCP nor do I care if the entire nation state fails, let alone loses to a geopolitical rival.
> nor do I care if the entire nation state fails
You should care because of the nukes, if nothing else.
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> both parties
I'm sorry, but only one "party" is comprised of fascist plutocrats speed-running the end of democracy in the USA.
The USA and world would be a vastly different place had a different party maintained power in the USA 10 years ago.
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I honestly wonder what world folks like you live in. The US is currently at war, repeatedly threatening several other places and engaged in several costly trade wars. From my Canadian perspective, you are a danger and a menace. China is a commodity supplier. Do the war crimes your country is currently committing not register for you at all? The daily threats, insults, and economic attacks on your 'allies', does that register?
China supports Russia in its war formally, but practically it sells Ukraine whatever it needs, because a weak vassal-like Russia is very much in their interests. The US is far, far more outspoken and active supporter of Russia in this war.
Finally, there will be no hot war with China. They'll likely blockade and invade Taiwan before the end of the decade, but the US will not do anything, partly because it'll be exhausted from it's never ending middle east wars, partly because it'll only take a small bribe to get Trump to back off. He's genuinely fond of dictators like Xi.
Or… war with China is inevitable if only to keep the gap in military capabilities. There is a thinking to mow down their military while we still can in some circles. Like those in power currently. Scary.
I don't think I would characterize this last era as one of global peace.
I’m not convinced that it’s a bad thing. What is your actual argument?
My argument is that a major world power is pushing towards global conflict by simultaneously funding the conquest of Ukraine while building its own invasion fleet for Taiwan. Allowing them to also destabilize us internally is not exactly a good idea.
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Wow, what happened to no holds barred American capitalism? Is it bad when the Chinese somehow do it better? The US stateowning US Steal, Intel, and possibly openai is no different than the Chinese ownership model… and before the US took stakes in the companies they were just bankrolling them as customers SpaceX Oracle etal.
If life is a meritocracy, you gotta give it to the Chinese for their immense growth and improvement of living from agricultural poverty to technical supremacy. I don't want to hear the they stole our IP argument either, because all math is borrowed from something else. Distillation is innovation, in booze and in models.
"what happened to no holds barred American capitalism?" you mean the strawman that never existed?
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Ask yourself, who seems to be the destabilizing force if you take a step back and look at the state of things objectively?
There is some blame on all sides for sure, not saying it's black and white...but come on.
Almost all current world events as of now are directly tied to the fact that the west is in active freakout mode over china building a army large enough to attack the entire world. Iran and venuzuela are a direct response to it.
1. China is actively genociding an entire ethnic people.
2. They are actively building a military larger and faster than any country on earth in all of history.
3. They are actively threatening ALL of their neighbors with war. Actively attacking their ships and building military bases in other countries territory.
4. China's open stated goals are to conquer and control its neighbors and every single step over the last 10 years is proof of that.
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I think the major destabilizing force is the country that has been building the infrastructure for a hot war over Taiwan for the last decade while simultaneously blatantly funding the conquest of Ukraine.
The US stupidly withdrawing from the world stage is definitely making this worse, of course, but it is not the catalyst. It's unfortunately a very likely side effect of a social media campaign by the same actor to make said hot war easier to win.
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> who seems to be the destabilizing force if you take a step back and look at the state of things objectively?
All of them. Pretending there is a benevolent bully among Russia, China and America is baseless.
This is probably the strongest moral argument for open-weight models. It decouples AI, somewhat, from military-industrial might.
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> Our biggest geopolitical rival
People on here have zero consistency in their worldviews.
Ask any capitalism zealot (ie hners) whether markets are zero sum and they'll wax poetical about "creating value". But then talk to them about Chinese competition and suddenly everything is a rivalrous good lolol.
I hate to break it to you, your so called rival won this game decades ago when you undercut the working class to make a buck and laundered cheap Chinese labor as productivity. So if you believe the Chinese are rivals um welcome to "reap what you sew" <shrug>.
I'm not the "hive mind" of HN or whatever. Individuals hold unique opinions.
Yes, China is a rival. No, they have not won. Their economy is in a lot of trouble, likely far worse than the shape of the US's currently. That situation may accelerate a hot war though, as has historically been the case globally.
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