this post was submitted on 26 Jan 2024
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AIs are not humans my dude. I don't know why people keep using this argument. They specifically designed this thing to scrape copyrighted material, it's not like an artist who was just inspired by something.
Photoshop is not human. AutoTune is not human. Cameras are not human. Microphones are not human. Paintbrushes are not human. Etc.
AI did not create this. A HUMAN created this with AI. The human is responsible for the creating it. The human is responsible for publishing it.
Please stop anthropomorphizing AI!
It isn't human, but that IS how it works.
It's analyzing material and extracting data about it, not compiling the data itself. In much the same way TDM (textual data mining) analyzes text and extracts information about it for the purposes of search and classification, or sentiment analysis, ECT, an "AI" model analyses material and extracts information on how to construct new language or visual media that relates to text prompts.
It's important to understand this because it's core to the fair use defence getting claimed. The models are derived from copyrighted works, but they aren't themselves infringing. There is precedent for similar cases being fair use.