this post was submitted on 15 May 2023
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Technology

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The enforcement of copyright law is really simple.

If you were a kid who used Napster in the early 2000s to download the latest album by The Offspring or Destiny's Child, because you couldn't afford the CD, then you need to go to court! And potentially face criminal sanctions or punitive damages to the RIAA for each song you download, because you're an evil pirate! You wouldn't steal a car! Creators must be paid!

If you created educational videos on YouTube in the 2010s, and featured a video or audio clip, then even if it's fair use, and even if it's used to make a legitimate point, you're getting demonetised. That's assuming your videos don't disappear or get shadow banned or your account isn't shut entirely. Oh, and good luck finding your way through YouTube's convoluted DMCA process! All creators are equal in deserving pay, but some are more equal than others!

And if you're a corporation with a market capitalisation of US$1.5 trillion (Google/Alphabet) or US$2.3 billion (Microsoft), then you can freely use everyone's intellectual property to train your generative AI bots. Suddenly creators don't deserve to be paid a cent.

Apparently, an individual downloading a single file is like stealing a car. But a trillion-dollar corporation stealing every car is just good business.

@music@fedibb.ml @technology #technology #tech #economics #copyright #ArtificialIntelligence #capitalism #IntellectualProperty @music@lemmy.ml #law #legal #economics

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[–] SocialistStan@kolektiva.social 7 points 2 years ago (7 children)

@ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml I don't believe in copyright law anymore than I do in landlords. Information is free.

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[–] Arpie4Math@mathstodon.xyz 6 points 2 years ago

@ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml

#Copyright does not protect the concept and themes of artistic presentation. So training autocomplete tools like #ChatGPT or generative art tools along the lines of #StabilityAI on huge amounts of copyrighted material available on the web doesn't seem to trespass on the rights actually created by copyright law. That is, neither the trained model parameters nor the output qualifies as a infringing copy.

The fact that big corporations have heated the rhetoric with even small-scale copyright infringement being characterized as if it were an existential threat rather than free marketing perhaps misleads people to think copyright grants the owner total control of the future of their creations. But law is about statutes and precedents, not feelings, which is why big corporations aren't likely to train their models on billions of copyrighted works if there was a credible risk of paying statutory damages on a per-work basis.

If there is a moral right to the "something" that has been gifted to these models by their training, it has not been well described, let alone recognized in law as property of the creators. How is this "something" which an AI model steals supposed to be distinguished from the piecewise appreciation for the art as summed over all human viewers?

So perhaps the real problem is the moral outrage created by the corporations who for decades equate copyright infringement with being ambushed by a gang of seagoing rapists, kidnappers, killers, and robbers (pirates). Towards that end, Germany is discussing adding copyright infringement as a form of "digital violence" making the analogy more exact.

https://www.techdirt.com/2023/05/05/germany-wants-to-include-copyright-infringement-under-its-planned-digital-violence-law/

[–] majcher@dice.camp 4 points 2 years ago

@ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml If corporations couldn't get away with doing things that would get an individual fined or arrested, how would they maintain their competitive edge? Profits above everything, baby!

[–] cypherpunks@lemmy.ml 4 points 2 years ago

yeah, as others have already said, this isn't how copyright law works: it's how law in general works.

[–] tychosoft@fosstodon.org 4 points 2 years ago

@ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml and that's how America works; The bigger you are, the smaller your crime.

[–] nickapos@twit.social 4 points 2 years ago* (last edited 2 years ago)

@ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml i have the feeling that in using the platforms offered by these companies you have given them permission to use your work.

[–] Benfell@hcommons.social 3 points 2 years ago (4 children)

@ajsadauskas @technology @music@lemmy.ml @music@fedibb.ml

Some might notice an analogy in which if you kill a single man, you're a murderer; kill millions and you're a politician.

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[–] CWilbur@sfba.social 3 points 2 years ago
[–] JohnSullivan@mastodonapp.uk 2 points 2 years ago

@ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml Sometimes I don’t have to wonder why giving up on pursuing any of my creative talents seems like the depressingly reasonable thing to do.

[–] krisnelson@legal.social 2 points 2 years ago

@ajsadauskas @technology @music yeah, sounds about right—see also the comparisons of e.g. wage theft vs shoplifting for what strikes me as a somewhat similar example of this kind of disparity

[–] nanook@friendica.eskimo.com 2 points 2 years ago

This is what happens under fascism.

[–] opendna@mastodon.sdf.org 2 points 2 years ago (1 children)

@ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml "Kill one man, and you are a murderer. Kill millions of men, and you are a conqueror." Jean Rostand

[–] JorgeStolfi@mas.to 4 points 2 years ago

@opendna @ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml

And if you kill only a million, but they are your own subjects, you are only a Republican President of the US facing a major epidemic. 😜

[–] simon_brooke@mastodon.scot 1 points 2 years ago

@ajsadauskas @technology @music@lemmy.ml @music@fedibb.ml That essay is such a complete misunderstanding of the issue that the author is either an idiot or a bad actor.

[–] canayjun@mstdn.social 1 points 2 years ago

@ajsadauskas I never used Napster. I found out Google’s own YouTube was giving me free music. While searching for why my hard drive space was being used up so quickly ( remember pre-terabyte drives… pre-Gb?) In my Windows system cache folders were massive files. Always after I had listened to YouTube. Google was basically storing every song I listened to on my own hard drive. Google was just lazy. Even MySpace had a js routine called cache-buster. Thanks Google.

[–] Aviva_Gary@noc.social 1 points 2 years ago

@ajsadauskas @technology @music@fedibb.ml @music@lemmy.ml Big crime little crime paradox... also see corporations are people too 😉

[–] BlinkerFluid@lemmy.ml 1 points 2 years ago (1 children)

I argue that copyright law is as pointless as it is to circumvent legally.

For instance, Google any song.

Did a YouTube video show up? The copyright law is fucking useless.

[–] downdaemon@lemmy.ml 2 points 2 years ago* (last edited 2 years ago)

i can be selectively enforced to instill fear in the population. my sister's long term bf (she already had 2 young kids) is from Iran and is really against me bring over pirated movies because he's trying to get citizenship. Like they have to watch the new mario movie at my place lol

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