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Comment by drunner

2 days ago

Anthropic (and others) mass harvested source code from around the internet while ignoring licenses to build their product. That's of course allowed (by them).

Using the trained model to create certain types of software that they already harvested, not allowed?

What's the difference between having the model make a game and writing any other software? It's like trying to say you can only use our model to write new stories but not fanfiction when they trained the model on the original works which would allow the fanfiction to be produced in the first place.

The difference is now they have a trillion dollar company they need to protect so they must pull the ladder up behind them.

  • Hard to justify your trillion dollar ladder when there’s I can get the darn good Chinese one for a fraction of the price and they provide the plans.

Anthropic and others harvest source code from around the internet based on the idea of fair use. The big idea behind fair use is that you are not using the copyrighted material to compete against its owner.

For example, by distributing cracked software, you compete against the official channels, so, not fair use. Quoting a book in an article won't make the people who would buy the book go with the article instead, so, fair use. AI companies argue that training is fair use because their model is a completely different product than what they are scraping. A LLM that has read the Harry Potter novels is not a substitute for the Harry Potter novels.

But all these rewrites make the fair use argument flimsy. These models are used to make knockoffs of the products that are part of their training data set, at least in part. Not fair. It is in their best interest to limit the amount of knockoffs their models are used to produce. Imagine if they had to compensate the people they took the work from...

In addition, if fuels their argument of "we are making sure our models are only used to make safe and innovative content, unlike these bad open models that are used to make dangerous knockoffs".

>That's of course allowed (by them).

And the courts that ruled fair use.

  • Recreating a game is also fair use.

    • Yes but when you use Anthropic's services, you're not bound by the law only. You're bound by their terms of use, and it's basically established you can put almost anything in there. Which is why local AI is so important.

  • I genuinely respect the process of the courts, even in our currently IMO messed up justice system, but I will protest that courts get things wrong plenty often, which is why we built a tiered system.

    Courts once said a black man can't be a citizen.