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throwaway09223 | 2 years ago
This really isn't clear because cognition is treated as a special exception to copyright. Every thought we have is derivative of everything we've seen before to some degree; reading a book makes our brains a derivative work. But we recognize that cognition is special.
With machines we tend to apply a strict test: Did copyright go in? If so, the output is almost certainly derivative.
With human brains, with cognition, it isn't enough to prove that a person has consumed a copywitten work prior to having a thought -- instead we judge every thought individually as to its originality.
If we are in a position to apply similar cognitive rules to an LLM then the weights won't be derivative works and we will judge each output as to its originality rather than simply assume.
Animats|2 years ago
Actually, no. It's considered a transformative use. If you memorize a copyrighted play or piece of music and then perform in in public, that's a copyright violation. It's the literalness of the copy that matters.
throwaway09223|2 years ago
The new play is judged as to its originality.
People who have seen a play (everybody) are allowed to write new plays which aren't beholden to the copyright of the first play they've ever watched.
tivert|2 years ago
> This really isn't clear because cognition is treated as a special exception to copyright.
Human cognition; not the latest algorithms and their output, which some enthusiastic software engineers eagerly confuse for cognition. It's actually pretty clear.
throwaway09223|2 years ago
The open question is how to handle machines that mimic the process.
exe34|2 years ago
snickerbockers|2 years ago
2) even if they were somehow proven to be the same there is still no reason why the same standards need to be applied to computer programs and humans because computer programs do not have any rights or legal protections.
3) cognition is not a "special exception to copyright" because it is entirely unrelated. "Copy" "right" is who has rights to make copies. Your thoughts are not considered copies because they are intangible.
4) we do not "judge every thought individually as to it's originality" because other peoples' thoughts are entirely opaque. Nobody is judging your thoughts, and if you think they are you need to take your medications.
throwaway09223|2 years ago
This is false. The LLM's entire purpose is to mimic cognition.
You could argue that the operation differs in important ways - of course. But the similarity of output is literally the entire point.
"2) even if they were somehow proven to be the same"
I didn't suggest they need to be the same, proven or otherwise. I think you're not understanding. The point is that the function is similar.
How it works doesn't necessarily matter.
"3) cognition is not a "special exception to copyright" because it is entirely unrelated. "
False as a matter of law.
"4) we do not "judge every thought individually as to it's originality" because other peoples' thoughts are entirely opaque."
Also false as a matter of law. When you publish your thoughts - your works, writing, whatever they are judged as to their originality if the question of who owns the copyright is raised.
"Nobody is judging your thoughts, and if you think they are you need to take your medications."
There's no need to be snarky and disingenuous.
From the comment guidelines: Be kind. Don't be snarky. Converse curiously; don't cross-examine. Edit out swipes.
https://news.ycombinator.com/newsguidelines.html
__loam|2 years ago