[0] In the most egregious case, they found that just asking ChatGPT to repeat a word over and over again will make it spit out training set data verbatim. OpenAI's response was to stop any conversation with over a page of repeated words, so you can't replicate this.
which is fine in my books. You could equivalently produce the same works from searching thru the digits of pi.
The only enforcement that's needed is on the end user of the model - if they choose to produce the training set, they are violating copyright. The creator of the model _does not_ violate copyright merely by creating and distributing the weights of a neural network, as long as the space of potential output is vastly larger than the training set.
in the same way you can brute force an MD5 Hash if you had a few centuries, I guess. I don't think "monkey's making Shakespeare" is a good metric for when to determine if a piece of art is unique enough to be scraped.
Tracing is looked down upon in the art community and this feels way too close to tracing if they just have these images in a database ready to reference. You can't store copyrighted movies nor music on such private databases (one of the few times I will ever utter the words "thank you DMCA"), I don't see why art pieces would be exempt.
In this context, I don't see a principled difference between the model weights and really good compression. If I send you a gzipped copy of the latest bestseller book it's still copyright infringement. And it would still be infringement if I shipped it inside a software program that can _also_ reshuffle the words in a bajillion different ways, if there's a "copy" of the original work in there.
OpenAI and other large language model developers are claiming they have a machine that can write books, but they also fed it shittons of books, and they can't account for where all that text went. At best they can say "well, it doesn't produce exact, verbatim copies of the training set all the time".
I don't think fair use saves us either, at least not the model authors, because the whole selling point of these models is to replace artists. Yes, artists can use them as tools, but that is far less lucrative. The valuations and hype being thrown around specifically come from, among other things, being able to cut the creative class out of their own business. No court is going to look at that and say "ok, yeah, sure, it's perfectly fine for you to be using other people's work to train on".
An individual using an AI art generator may still wind up getting novel output that isn't obviously infringing to anything in the dataset. If that's the case then they probably haven't infringed copyright. Or at least, it'd be difficult to make a case around it.
Regardless, even if these cases did happen often enough, it's erroneous to assume that this is something universal (i.e. can be applied to all generative AI models) or intentional. Said models are vastly smaller than the sizes of their training datasets, so it's more or less impossible for all the data to be stored verbatim. Some aspects may appear to look like memorization if the piece of data reappears many times in the dataset - in those cases, the algorithm has a really strong incentive to recite that data. This reduces the effectiveness and is considered an artifact that needs to be corrected, not some underlying idea of AI.
The way these algorithms work is public knowledge, there's not really any black boxes in the hands of OpenAI that would be relevant here. Considering that, I'm really doubtful that these claims can be easily supported.
You appear to be refuting a slightly different point, though. When OpenAI was making Dall-E 2, they found that duplicates in the training set would incentivize memorization of specific images, as you said. This is more like finding a secret cheat code that would make the model regurgitate everything it had remembered, regardless of how "incentivized" it is to do so or even if it had been aligned to not do that.
My personal argument is this: the primary metric that the training process attempts to minimize is perplexity. This is how good the model is at guessing the training set data. Base models are specifically being designed to compress huge amounts of text and we just so happen to accidentally get a decent word calculator out of it. The alignment fine-tuning that happens later adjusts the model to prefer answering questions, but the underlying memorized data is still there.
>The way these algorithms work is public knowledge, there's not really any black boxes in the hands of OpenAI that would be relevant here.
Nope. Modern GPT is entirely a black box. OpenAI stopped publishing model weights the moment Elon Musk stopped writing the checks. Hell, they don't even publish the model architecture anymore. How GPT-4 works, even on a basic "this is how many transformer layers and attention heads we're using" basis, is a trade secret.
Even if you have model weights, the actual meaning of the learned model parameters has never been known; there is active research on figuring them out. One particular problem is polysemanticity. If you look inside a particular hidden layer, you won't see a single "dog" or "cat" neuron in its hidden layers. You'll have a 512-dimension concept bouillabaisse with "dog", "cat", "bird", "guinea pig", "kangaroo", and so on all floating around whatever shape made sense at training time (even if it implies absurdities like "desk is the opposite of loin cloth"). To untangle this, you have to train another AI to pick out monosemantic clusters of neurons that can then be inspected, and that requires extreme amounts of GPU resources.