If your corporation's business model relies on lawbreaking, your corporation has no legal legitimacy.

We don't let narcotic cartels and trafficking rings list themselves on the stock exchange: why should OpenAI or Facebook be any different?

@cstross Pfizer and Palantir: are we a joke to you?
@cstross Serco: hold my beer...
×

If your corporation's business model relies on lawbreaking, your corporation has no legal legitimacy.

We don't let narcotic cartels and trafficking rings list themselves on the stock exchange: why should OpenAI or Facebook be any different?

it is outright astonishing to see this and comparing it to the frenzy about copyrights and downloads of pieces of art by normal people ...

@jabgoe2089 100 % the same feeling

the powerful V powerless

@cstross requiring permission to use rather than stealing makes the “industry” unworkable eh… shame

@Wifiwits

@cstross They're not even willing to ask permission, imagine asking them retribution for one's work.

#eattherich to the last one!

@cstross "The former Meta executive"?

It's nice to see that his status as corporate quisling has already overshone his leadership of a major political party & deputy premiership.

@cstross
Treason doth never prosper: what ’s the reason?
Why, if it prosper, none dare call it treason.
- John Harrington

I guess we are going to find out if the same applies to lawlessness.

As for your second assertion, I give you Purdue Pharma (or any of the cryptocurrency scams, but I repeat myself)

@cstross "you tech bros talk crime, but you scared of jail." (with apologies to Gang Starr.)
@cross @cstross Lemonade was a popular drink and it still is.
@cstross Kill the industry sounds good, yeah, let's kill the industry then, thanks for clarifying Nick
@cstross The 1920's in Spain, mainly in Barcelona, were convulse, and characterised by huge strikes and company owners-hirwd gangsters shooting anarchist labour unions members, of the CNT, and the CNT members replying in kind. Techbros are asking for *it*.

@cstross

My local Jeweller refuses to hand me bags of diamonds.

These woke monsters are killing my diamond selling industry!

@cstross This argument is a pattern I've seen repeatedly in the past years. “We can't make profit without collecting huge amounts of personal data about everyone who visits our website!” or “You cannot expect us to secure our software [that handles medical data] before we go live! That inhibits innovation! We'd go broke”.

If your business model does not work without infringing someone's rights, it's not a business model. It's criminal activity.

1/2

@cstross The cherry on top is that these companies always claim that “Your privacy is very important to us” or “Security is our highest priority” or “We cherish artists and support them”.

I call bullshit on that.

2/2

@cstross it seems to me that there is a very simple choice. Kill AI by enforcing existing copyright laws, or take the long way around by letting AI trash copyright laws thereby killing all the creative industries AI needs to steal content from, thereby slowly starving the AI industries of the content they need to improve.

One choice at least leaves us with something valuable. The other will just take longer.

@pmb00cs @cstross it's not that binary I think, many other variants/scenarios are possible

@ErikJonker @cstross the choice the government has is binary. Enforce copyright laws, or carve out an exception.

The consequences are not so binary. I don't actually think enforcing copyright will kill the AI industry. It'll reduce the amount of profit, certainly, but that's hardly an existential threat. On the other hand, I do think letting AI firms get away with ignoring copyright is going to be devastating to the creative industries, and in the long term also AI training.

@pmb00cs
What about the third option.
Delete all IP law.
Then FOSS devs get access to all the AI companies' code!
@ErikJonker @cstross
@pmb00cs
Or at least, are able to legally reverse engineer it.
@ErikJonker @cstross
@light @ErikJonker @cstross while I do not agree with the length of copyright currently I don't think scrapping it is a good idea either. FOSS software depends on strong copyright too. And if we scrap copyright the large companies will take steps to protect their secrets.
@pmb00cs
FOSS software only depends on copyright in self-defense.
If there was no copyright, all software would be effectively FOSS.
>And if we scrap copyright the large companies will take steps to protect their secrets.
Like what?
@ErikJonker @cstross

@light @ErikJonker @cstross like not making it available in any readable form.

Keeping private information private is something that is done currently. Granted, not very well given the prevalence of ransomware with data extraction.

@pmb00cs @cstross some movement is already there, content deals are being made between large media companies and BigTech
@ErikJonker @cstross because media companies are moving to protect their content now that they've seen AI companies stealing it.
@pmb00cs @cstross perhaps real creativity will need to go underground. Or is that an extreme response? Cos I believe that we will start to leave the internet: we will have to for our privacy and our sanity.
Omg let's kill the industry

@cstross (I must show restraint. Oops! I failed...)

I'll hit it with a simple stick: Let's not allow 'industry' to do bad things.

If we can imagine a better world without those industries, then let's have that world.

Let's not preserve the bad ones for purposes of continuity. Or more directly, let's demolish the empires created using systems of exploitation, and create better.

@cstross If the only thing making you profitable is copywrong, then it's time you reconsider your value in the world.
@cstross I'm quite sure the AI companies would squeal like stuck pigs if others were just to take their work without permission/ payment.
OpenAI Says DeepSeek May Have Improperly Harvested Its Data

The San Francisco start-up claims that its Chinese rival may have used data generated by OpenAI technologies to build new systems.

The New York Times
@cstross hey Nick, the monetary sacrifice that "AI" CEOs need to make in order to kill the the industry, is a sacrifice we're willing to make.

@cstross But ... tobacco and alcohol businesses are absolutely on the stock exchange.

It's all about power.

@cstross do I really need to say how far Nick Clegg can feck off? JADES-GS-z14-0 which is circa 34Billion light-years away isn’t far enough.

@MelvilleSpence That place you mentioned is in observable distance? Then it's not far enough away, yes.

@cstross

@cstross Clegg used to seem like a decent guy. Until he went to facecrap - you need a total absence of morality to work there. Now he's an overpaid parrot.
@pa27 No, Clegg was ALWAYS part of the right wing of the LibDems—the Orange Book group, who were this >< far away from being Tories; Liz Truss was one of theirs in the early 1990s, before she joined the Tory party.
@cstross @pa27 lol, Liz Truss and Nick Clegg, what gifts to the nation they have been.../s
@cstross Oh - and the so-called AI so-called industry should be killed, in it's current form...

@cstross
Kill it already then!

Mafiosis are also "industrialists", making our lives miserable by the minute ignoring rules we are bound to execute without question!

@cstross

When did we - by which I mean people in general - accept that the proliferation of bullshit engines is any type of 'industry'? The end result is never going to be anything other than a shrug at all the wasted time, money, water and other resources which could've been used to solve problems, but instead went to increasing the number of jets per-capita amongst the already morbidly wealthy. That's not an industry, it doesn't produce anything in the end. That's a shell game.

@cstross Pfizer and Palantir: are we a joke to you?
@cstross Serco: hold my beer...
@rubinjoni Palantir are indeed shit, but I'd be dead without at least two medicines developed by Pfizer (and so would millions of other people, going by the list of chemotherapy agents, antibiotics, and other meds they're responsible for).

@cstross copyright doesn't give you total control over your creative work.

under US and Canadian law, there are "fair use" exceptions, and "being transformative" is one of those, meaning, no consent of the original author is required. And as far as I know, most copyright lawyers expect "training an AI" as transformative.

So, artists are actually demanding a change to the law in free use, while the drug cartels are breaking law that already exists.

#freeUse #generativeAi

@nicemicro Firstly, there's existing court rulings in the US that the output of AI can't be copyrighted. Secondly, I'm not American: I'm in the UK, and "fair dealing" (here) is much more restrictive than US "fair use". Thirdly, OpenAI, Facebook, et al acquired copyrighted works illegally—by hoovering up warez sites—which remains illegal regardless of "fair use" doctrine.

@cstross the first point is irrelevant, the fact that the end user can't copyright the work, has no bearing on whether the creation of the tool broke any laws.

to the second point, I'm not in the US either, and in my country of residence it is also more restrictive, but the corporations are there, so how one would litigate it internationally is interesting, but kinda ruins the drug cartel analogy (like you want to go after american weed shops because weed in the UK is illegal?)

@cstross the third point is also a good point, but let's remember, that as a user *downloading* from warez sites is also considered by most countries to be "okay", because the illegal thing is not getting duped by someone selling you contraband, the real issue is distributing the contraband. This is why (and sorry, on the internet one hears mostly US examples) the IP holders go after torrent users: on torrent you also become distributor.

@cstross so I guess if one could prove that OpenAI and Facebook did use torrent and did seed whatever they torrented, that would be interesting.

The international aspects are also interesting from a nerdy point of view, I'm curious how people litigate IP laws in the age of the internet when you can host content from anywhere to everywhere.

Because in the '80s, in the Eastern Bloc, you were allowed to infringe on patents even from the West, but not on patents from the USSR 😂

@cstross 100% off-topic, but when I was working in a pharma company back in my home country, people told me how when in 1990, the socialist economic system was switched to capitalism and the government became democratic, there were multiple processes that had to be re-engineered because they were a 100% copy of western patents, and later they had to prove that they don't use that old process anymore in court to be allowed to sell in western countries.

#IntellectualProperty #Copyright

@nicemicro
> And as far as I know, most copyright lawyers expect "training an AI" as transformative.

Can you back up this claim?

I was under the impression that the debate on whether AI training falls under "fair use" hasn't reached a consesus yet.

@cstross

@yaarur @nicemicro Also "fair use" is US law; outside the USA, laws differ (there's no "fair use" in the UK, for example—"fair dealing" is rather more restrictive).

@cstross @yaarur yes, it is true, and I have not seen any real legal analysis W.r.t. to UK or Canada law, so I can't comment on that.

But if you published your work on a platform in America, and it was used to train an AI by a company seated in the USA, then I doubt that the British law will have much relevance in the case, as the US based AI company might argue, that by "exporting" your work to the states, it is governed by laws there.

but I'm not a lawyer, so I have no idea if this stands.

@nicemicro @yaarur Wrong. The big AI companies have been downloading pirate websites with illegally acquired ebooks, so no legal license for use of any kind. These also include UK editions taken without consent and some of these sites are hosted in places like Russia. Finally, my works *are* published legally in the USA, so I suspect the legal departments of Penguin-Random House and Macmillan might like a word with them …

@cstross @yaarur last time I checked, downloading from pirate websites in good faith is not illegal. Sharing pirated stuff on websites is. This is why copyright trolls will upload their bait to torrent sites, because they can only have a legal case against you if you start seeding back the (i.e. distributing) the stuff you downloaded.

If you (or your publisher) end up suing them, I wish you good luck, and please let us know, because I'm honestly curious how such a case would be litigated.

@yaarur @cstross Sure, it is not a consensus, the one I read in detail was the one commissioned by the Free Software Foundation to analyze the legality of Microsoft's Copiot on Github.

Maybe saying "most" is not warranted, but I have not read or heard any serious analysis by actual lawyers which said "not fair use", but this just might be based on bias.

In this write-up, section "B" has the Fair Use part.

https://www.fsf.org/licensing/copilot/copyright-implications-of-the-use-of-code-repositories-to-train-a-machine-learning-model

Copyright Implications of the Use of Code Repositories to Train a Machine Learning Model — Free Software Foundation — Working together for free software

@cstross
I'm looking forward to The Pirate Bay's IPO.

@cstross Then kill the industry, Mr. Clegg.

Your choice, really, is if you want it to be killed metaphorically or if you want a public uprising to make it literal.

@cstross "kill the industry" is very much a "don't threaten me with a good time" proposition

@cstross

My new company is going to go out of business if the law forces me to get permission to go into people's homes without permission and take their property.

@cstross Conservatism.

According to #wilhoitslaw, conservatism consists only of a single principle:

There should be an in-group which the law protects but does not bind, alongside an out-group which the law binds but does not protect.

There is no modernity, no enlightenment, no rule of law. It’s the old divine right of kings, unchanged by centuries.