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I think using AI tools to generate derivative works could place the user (Not OpenAI, etc) in rightful legal jeopardy if they distribute or sell those works

I'm not sure I understand this. It is OpenAI that is scraping the copyrighted works, packaging them up into a derivative work and selling access to it.

If a user never enters a prompt asking ChatGPT to create a new ASOIAF book, pieces of those previous copyrighted books are still in OpenAI's model and available for sale by OpenAI.

Chat-GPT the LLM itself is the derivative work that OpenAI is selling access to.

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We're trending deeply into RMS's the right to read here.

I mean, lets say I am a storywriter and I have an exceptional memory when reading books, and you buy access to talk to me to get story ideas (as a human being, no API). Lets say I also read ASOIAF. Are you telling me that anything I write that mentions winter is now intellectual property of GRRM?

In my eyes your idea of derivative work can fuck right off. Pieces of those of that copyright are also in my mind, but I give no ownership, nor any privilege's to said book writers. IP holders do not get all the benefit of free data in society, then hold the rest of us hostage.

Ok. I guess we just disagree then. In my view, that model doesn’t “contain” the works. It contains lists of numbers (and not in the ASCII sense that a silly rebuttal would make, I mean only the tokens and weights) and not “pieces of” the books. If I published a statistical analysis of word frequency in your books, I don’t think you’d have a slam dunk CI case against me. Even if someone could use those to generate some passages of your book. It certainly can’t generate the whole book, we can plainly see that (otherwise OpenAI has actually invented magic compression). Just as if you sold consulting services, and employed people who had read those books many times and sold your service to budding fantasy authors to help them write better, those consultants are not themselves derivative works just because they learned the material. The derivative work would be those people’s output (if it rips off that material).

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