Comment by amelius
16 hours ago
The problem here is that OAI (and others) pretend or claim that this is uncharted legal territory, where in fact it is very simple. We have a machine that is fed data, and produces new data as a result. If that new data depends (in any way) on the fed data, then from a legal viewpoint it is derived from that data.
Whether they anthropomorphize the operation performed by the machine does not matter. They can anthropomorphize when/if the law is updated to include such terms, but right now they certainly cannot.
> in fact it is very simple
Even if this opinion were backed up by a court ruling, it would definitely not be “simple”. It will be a very ugly case if it is ever litigated. A lot of money will be spent and no guarantee at all the plaintiff wins.
> If that new data depends (in any way) on the fed data, then from a legal viewpoint it is derived from that data.
The "in any way" part is either so broad it makes everything derivative, or not, in which case things are no longer simple.
If everything is derivative then it seizes to be meaningful. The words I write are derivative, I literally copied them from someone else, yet my sentences as a whole can be fully novel.
> If everything is derivative then it seizes to be meaningful.
That's why we tolerate it for humans, and also because we cannot prove it. But yes, if you go too far in this, you will see legal consequences.