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Comment by loumf

9 hours ago

The intellectual property law that governs ACM articles is copyright law, not patents. I don’t know who controls these (the ACM or the authors) or what rights might have been granted to the public.

The entire point of copyright law is so that people can make their writing public and still be able to control the right to make copies (for example, into your dataset for training an LLM).

Copyright protects against reprinting or reproducing the wording and expression, not using the idea expressed in there in novel contexts.

  • AI reproduces copyrighted work exactly in many cases, so it clearly infringes copyright in this sense

    The output of it is also a derivative work, and derivative works also infringe copyright. Its only not a problem if you ignore copyright entirely

    Humans are the only entities that get to enjoy special idea-learning-exemptions, not AI

    • Are you a lawyer that has tested this in court, or is this just what you want the reality to be?

      As someone with lots of open source code out there that has likely been used as LLM training data, I'm very sympathetic to this point of view, but that doesn't seem to be the legal reality. Much of this has not been fully tested in court, but it seems likely that LLM training is not copyright infringement, as long as the training material itself was acquired legally.

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    • The verbatim reproduction is clearly a red herring and not the main use case. Nobody reads novels (or science papers) by prompting ChatGPT to give the next paragraph.

      Derivative work or transformative? It's not the same.

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    • Can you point me to the statute that makes it ok for humans to learn from copyrighted work, but forbids AI? I’ll wait.

    • > The output of it is also a derivative work,

      A short session is just retrieval, a long session is always unique. The more the user writes the more it diverges from any content in the dataset.