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Unsealed Briefs in Authors’ Case v. Microsoft/OpenAI

631 points · 623 comments · papergirl

  1. Skyy93 · · focus · HN ↗
    This is a lobby organisation using only the pieces and bits they like to push their own agenda.

    "sketchy russian website", how about using some more clear description like: A library for sharing books and articles that should be partly public domain because they were paid for by the public. Only some of the material is copyrighted by authors. However, some of their work is so old that it is not reprinted anyway.

    But of course such an explanation would not click.

    I also don't see a problem with statements about making people jobless. Imagine if every robotic or automation company advertised like this: Yeah, you'll buy tons of expensive robots and still rely on expensive labor from real people without any efficiency gains.

    1. quaintdev · · focus · HN ↗
      It's just sad that this is the top comment on Hacker News. Why are we giving free pass to these tech companies? Why are we trusting these CEOs when they have repeatedly broken laws? Remember Aaron Swartz and the fate he suffered? Why is big tech getting away with so much more?
      1. TeMPOraL · · focus · HN ↗
        > Remember Aaron Swartz and the fate he suffered? Why is big tech getting away with so much more?

        Why are you turning him into perpetuum mobile in his grave?

        Do you really believe Aaron would be arguing against AI companies and for publishing / recording guilds on the grounds of intellectual property claims?

        No, it&#x27;s the tech community that did a sudden about-face, and is now all &quot;friendship ended with free access to information and technologies enabling people; now RIAA is my best friend&quot;, and this move is as dumb as that meme (<a href="https:&#x2F;&#x2F;imgflip.com&#x2F;memegenerator&#x2F;137501417&#x2F;Friendship-ended" rel="nofollow">https:&#x2F;&#x2F;imgflip.com&#x2F;memegenerator&#x2F;137501417&#x2F;Friendship-ended).

        1. applfanboysbgon · · focus · HN ↗
          Suppose you have three propositions:

          A: &quot;Information is free&quot;

          B: &quot;Information is not free&quot;

          C: &quot;Information is free only for the rich and not free for everyone else, giving the rich a material advantage over everyone else that not only entrenches but accelerates wealth inequality and impedes class mobility&quot;

          You, or Swartz, are an advocate for A. Why, exactly, do you think that obliges you&#x2F;Swartz to prefer C over B while A is not true?

          1. simianwords · · focus · HN ↗
            Sure it’s not free for anyone and both companies and individuals are treated similarly. It’s not like you will be jailed for pirating movies. And neither should OpenAI. What part of this is hard to understand
            1. applfanboysbgon · · focus · HN ↗
              &gt; It’s not like you will be jailed for pirating movies.

              We&#x27;re literally talking in a thread about someone who committed suicide because the US government was hellbent on ruining his life with a felony conviction for piracy.

              1. simianwords · · focus · HN ↗
                His case was materially different

                1. Unauthorised network access

                2. Intent to distribute licensed material

                The labs aren’t doing this. They are doing something similar to you and I downloading torrents. Look, I also think laws should apply somewhat equally to individuals and companies. But this is different.

                1. mtlmtlmtlmtl · · focus · HN ↗
                  On what planet is it similar? The labs are taking the copyrighted material and attempting to make billions of dollars from it. And this, in your mind, is &quot;similar&quot; to me downloading a TV show simply to watch it?
                  1. tpmoney · · focus · HN ↗
                    There&#x27;s an argument to be made that you downloading a TV show to watch it is actually worse than what the AI companies are doing. The purpose of making the TV show is to make an entertaining product that people will pay money for in some fashion in order to watch the show. There is no reasonable belief that your act of piracy could ever be a &quot;fair use&quot; of the material. The &quot;social contract&quot; as it were is that if you watch the show, you pay.

                    By comparison, the model isn&#x27;t &quot;watching&quot; the show, as so many people are quick to point out that the &quot;learning&quot; analogy for what AIs are doing is flawed. There was never an intent by the creators that the show would be used to generate mathematical probabilities and weights in a statistical model and no one is deriving entertainment from making the statistical model. I suppose perhaps someone derives entertainment from AI training, but I suspect the number is small enough that &quot;no one&quot; is a reasonable approximation. So using the show to do so at least has an argument towards fair use. Or if the copy used for training was legally purchased, at least in the US it has the actual legal designation as fair use so far.

                    Don&#x27;t get me wrong, I&#x27;m not saying that we should be returning to the days of the RIAA suing teenagers for their college education funds. But it seems pretty obvious that &quot;pirating copyrighted material to explicitly use that material in the way that the creators of the material envisioned selling to you&quot; is similar to, but arguably worse than &quot;using copyrighted material (pirated or not) in a way not envisioned by the creator of that material to create a wholly different product&quot;. In both cases, the livelihood of the creator is possibly being affected, but one of them is a direct 1 for 1 loss of income while the other (again, if not specifically pirated) is an indirect impact.

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