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  3. so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

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  • blogdiva@mastodon.socialB blogdiva@mastodon.social

    so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

    #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

    this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

    ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
    https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

    elduvelle@neuromatch.socialE This user is from outside of this forum
    elduvelle@neuromatch.socialE This user is from outside of this forum
    elduvelle@neuromatch.social
    wrote sidst redigeret af
    #5

    @blogdiva that's silly, it's like saying something written by a typewriter is not copyright-able because it was made by a machine.. The "AI" program was made by a human in the first place, it's just slightly more sophisticated..

    blogdiva@mastodon.socialB drahardja@sfba.socialD jaystephens@mastodon.socialJ srazkvt@tech.lgbtS drsaucy@sfba.socialD 5 Replies Last reply
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    • darkredman@framapiaf.orgD darkredman@framapiaf.org

      @blogdiva That's probably valid in USA, but world is grossly cut in 5 sections in terms of copyright laws and in Europe it's mostly Geneva convention, an idea can't be protected (code included) as long it's a direct copy (and need to be proven) of a text And in genral anything related to material directly created text, image, art in general is directly copied (and can be proven) this violates the law. So in EU OpenAI and a lot of AI models are illegal to produce, to operate, it even bring proofs

      blogdiva@mastodon.socialB This user is from outside of this forum
      blogdiva@mastodon.socialB This user is from outside of this forum
      blogdiva@mastodon.social
      wrote sidst redigeret af
      #6

      hence the use of US, as in UNITED STATES 🙄

      @DarkRedman

      wyatt_h_knott@vermont.masto.hostW 1 Reply Last reply
      0
      • elduvelle@neuromatch.socialE elduvelle@neuromatch.social

        @blogdiva that's silly, it's like saying something written by a typewriter is not copyright-able because it was made by a machine.. The "AI" program was made by a human in the first place, it's just slightly more sophisticated..

        blogdiva@mastodon.socialB This user is from outside of this forum
        blogdiva@mastodon.socialB This user is from outside of this forum
        blogdiva@mastodon.social
        wrote sidst redigeret af
        #7

        @elduvelle nope.

        yvandasilva@hachyderm.ioY 1 Reply Last reply
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        • elduvelle@neuromatch.socialE elduvelle@neuromatch.social

          @blogdiva that's silly, it's like saying something written by a typewriter is not copyright-able because it was made by a machine.. The "AI" program was made by a human in the first place, it's just slightly more sophisticated..

          drahardja@sfba.socialD This user is from outside of this forum
          drahardja@sfba.socialD This user is from outside of this forum
          drahardja@sfba.social
          wrote sidst redigeret af
          #8

          @elduvelle @blogdiva When you copyright a book, you’re not copyrighting the output of your typewriter; you’re copyrighting your work.

          The AI program can be copyrighted. Its output can’t.

          It’s pretty consistent.

          elduvelle@neuromatch.socialE 1 Reply Last reply
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          • blogdiva@mastodon.socialB blogdiva@mastodon.social

            @elduvelle nope.

            yvandasilva@hachyderm.ioY This user is from outside of this forum
            yvandasilva@hachyderm.ioY This user is from outside of this forum
            yvandasilva@hachyderm.io
            wrote sidst redigeret af
            #9

            @blogdiva @elduvelle this.

            1 Reply Last reply
            0
            • drahardja@sfba.socialD drahardja@sfba.social

              @elduvelle @blogdiva When you copyright a book, you’re not copyrighting the output of your typewriter; you’re copyrighting your work.

              The AI program can be copyrighted. Its output can’t.

              It’s pretty consistent.

              elduvelle@neuromatch.socialE This user is from outside of this forum
              elduvelle@neuromatch.socialE This user is from outside of this forum
              elduvelle@neuromatch.social
              wrote sidst redigeret af
              #10

              @drahardja Hmmm.. not sure.. but this made me think more about it: say, the typewriter is actually changing the inputted letters a bit, for example it's changing some of the Ts into Ss and maybe the author notices it and likes the output, or not, but in any case they want to copyright the resulting book (with the "typos"). That would be valid, right?

              Now, isn't the output of an LLM a combination of its inputs (prompt) and its internal machinery (transforming the inputs)? So why can't the output be copyrighted?

              Edit: we should probably also consider the training set as part of the inputs, but I still don't think the output can't be copyrighted. However, who would benefit from the copyright is a good question, probably all the authors of the work that went into the training set + the person who wrote the code of the LLM + the person who wrote the prompt..

              drahardja@sfba.socialD 1 Reply Last reply
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              • elduvelle@neuromatch.socialE elduvelle@neuromatch.social

                @blogdiva that's silly, it's like saying something written by a typewriter is not copyright-able because it was made by a machine.. The "AI" program was made by a human in the first place, it's just slightly more sophisticated..

                jaystephens@mastodon.socialJ This user is from outside of this forum
                jaystephens@mastodon.socialJ This user is from outside of this forum
                jaystephens@mastodon.social
                wrote sidst redigeret af
                #11

                @elduvelle @blogdiva if a typewriter were mashing up the writing from great novels written on other typewriters across time & space

                elduvelle@neuromatch.socialE 1 Reply Last reply
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                • blogdiva@mastodon.socialB blogdiva@mastodon.social

                  so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                  #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                  this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                  ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                  https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                  drahardja@sfba.socialD This user is from outside of this forum
                  drahardja@sfba.socialD This user is from outside of this forum
                  drahardja@sfba.social
                  wrote sidst redigeret af
                  #12

                  @blogdiva Does this mean all those AI-generated ads are not copyrightable?

                  Time to remix.

                  https://www.nbcnews.com/tech/innovation/coca-cola-causes-controversy-ai-made-ad-rcna180665

                  calbearo@convo.casaC D freediverx@mastodon.socialF 3 Replies Last reply
                  0
                  • elduvelle@neuromatch.socialE elduvelle@neuromatch.social

                    @blogdiva that's silly, it's like saying something written by a typewriter is not copyright-able because it was made by a machine.. The "AI" program was made by a human in the first place, it's just slightly more sophisticated..

                    srazkvt@tech.lgbtS This user is from outside of this forum
                    srazkvt@tech.lgbtS This user is from outside of this forum
                    srazkvt@tech.lgbt
                    wrote sidst redigeret af
                    #13

                    @elduvelle @blogdiva a compiler is copyrighted, but the code generated by that compiler falls under the license of the compiled code, not the compiler's

                    1 Reply Last reply
                    0
                    • blogdiva@mastodon.socialB blogdiva@mastodon.social

                      so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                      #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                      this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                      ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                      https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                      klausfiend@dcerberus.comK This user is from outside of this forum
                      klausfiend@dcerberus.comK This user is from outside of this forum
                      klausfiend@dcerberus.com
                      wrote sidst redigeret af
                      #14

                      @blogdiva I'm okay with this!

                      1 Reply Last reply
                      0
                      • blogdiva@mastodon.socialB blogdiva@mastodon.social

                        so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                        #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                        this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                        ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                        https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                        blogdiva@mastodon.socialB This user is from outside of this forum
                        blogdiva@mastodon.socialB This user is from outside of this forum
                        blogdiva@mastodon.social
                        wrote sidst redigeret af
                        #15

                        BTW

                        as Google attempts to turn #Android phones proprietary, what with the way techbros have conspired to use embeddables as backdoors; should be interesting to do a full auditing of the hardware and software used in Android phones specifically manufactured for the USA market.

                        basically, techbros have hidden behind “trade secrets” and "security" to take control away from us.

                        i would assume auditing for what’s built with automata should render that proprietary part null.

                        sunguramy@flipping.rocksS 1 Reply Last reply
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                        • jaystephens@mastodon.socialJ jaystephens@mastodon.social

                          @elduvelle @blogdiva if a typewriter were mashing up the writing from great novels written on other typewriters across time & space

                          elduvelle@neuromatch.socialE This user is from outside of this forum
                          elduvelle@neuromatch.socialE This user is from outside of this forum
                          elduvelle@neuromatch.social
                          wrote sidst redigeret af
                          #16

                          @jaystephens
                          Right.. But a typewriter wouldn't do anything on its own, just like a LLM wouldn't do anything on its own, without a human telling it what to do. Both need input from the human and they transform this input into something else. The difference is the LLM got some preprogrammed input (indeed, some of it part of its training set which is a mash up from actual people's novels, etc.) as well as the current input, provided by the human prompt.

                          The LLM is not anything like an independent entity creating anything.. it's just some code doing what it's programmed to do

                          jaystephens@mastodon.socialJ 1 Reply Last reply
                          0
                          • elduvelle@neuromatch.socialE elduvelle@neuromatch.social

                            @drahardja Hmmm.. not sure.. but this made me think more about it: say, the typewriter is actually changing the inputted letters a bit, for example it's changing some of the Ts into Ss and maybe the author notices it and likes the output, or not, but in any case they want to copyright the resulting book (with the "typos"). That would be valid, right?

                            Now, isn't the output of an LLM a combination of its inputs (prompt) and its internal machinery (transforming the inputs)? So why can't the output be copyrighted?

                            Edit: we should probably also consider the training set as part of the inputs, but I still don't think the output can't be copyrighted. However, who would benefit from the copyright is a good question, probably all the authors of the work that went into the training set + the person who wrote the code of the LLM + the person who wrote the prompt..

                            drahardja@sfba.socialD This user is from outside of this forum
                            drahardja@sfba.socialD This user is from outside of this forum
                            drahardja@sfba.social
                            wrote sidst redigeret af
                            #17

                            @elduvelle

                            EDIT: As @LeslieBurns says below, this is INCORRECT.

                            I’m not a lawyer. But intuitively, as the SCOTUS implies, copyright protects the work of humans. When writing a prompt to generate art, a machine is performing the vast majority of the transformation from the billions of works it ingested, not the human. Granted, *how much* human work needs to happen for something to be “transformative” (and thus grant the person a copyright) has been a subject of debate for decades, but generative AI is nowhere close to that threshold IMO.

                            elduvelle@neuromatch.socialE leslieburns@esq.socialL 2 Replies Last reply
                            0
                            • drahardja@sfba.socialD drahardja@sfba.social

                              @blogdiva Does this mean all those AI-generated ads are not copyrightable?

                              Time to remix.

                              https://www.nbcnews.com/tech/innovation/coca-cola-causes-controversy-ai-made-ad-rcna180665

                              calbearo@convo.casaC This user is from outside of this forum
                              calbearo@convo.casaC This user is from outside of this forum
                              calbearo@convo.casa
                              wrote sidst redigeret af
                              #18

                              @drahardja Even more of a threat to film and music execs and producers wanting to use AI for films, TV and music. This could devalue those threats to human content creators.

                              bransonturner@mastodon.socialB ghostonthehalfshell@masto.aiG 2 Replies Last reply
                              0
                              • drahardja@sfba.socialD drahardja@sfba.social

                                @elduvelle

                                EDIT: As @LeslieBurns says below, this is INCORRECT.

                                I’m not a lawyer. But intuitively, as the SCOTUS implies, copyright protects the work of humans. When writing a prompt to generate art, a machine is performing the vast majority of the transformation from the billions of works it ingested, not the human. Granted, *how much* human work needs to happen for something to be “transformative” (and thus grant the person a copyright) has been a subject of debate for decades, but generative AI is nowhere close to that threshold IMO.

                                elduvelle@neuromatch.socialE This user is from outside of this forum
                                elduvelle@neuromatch.socialE This user is from outside of this forum
                                elduvelle@neuromatch.social
                                wrote sidst redigeret af
                                #19

                                @drahardja
                                I agree to some extent, and I'm also not a lawyer, but instead of saying that the output of a LLM can't be copyrighted, I think it would mean that the question is who should benefit from the copyright (or patent). Certainly not just the person who entered the prompt. Instead it would be more like a group work: all of those who contributed to any of the LLM's inputs: all the authors of the stolen work + the person who programmed the LLM + the person who prompted the LLM. The machine itself is not doing any work - just following instructions, like my typewriter, but in a more complex manner.

                                (Edited my previous post to add this)

                                It's definitely interesting to think about it!

                                1 Reply Last reply
                                0
                                • elduvelle@neuromatch.socialE elduvelle@neuromatch.social

                                  @jaystephens
                                  Right.. But a typewriter wouldn't do anything on its own, just like a LLM wouldn't do anything on its own, without a human telling it what to do. Both need input from the human and they transform this input into something else. The difference is the LLM got some preprogrammed input (indeed, some of it part of its training set which is a mash up from actual people's novels, etc.) as well as the current input, provided by the human prompt.

                                  The LLM is not anything like an independent entity creating anything.. it's just some code doing what it's programmed to do

                                  jaystephens@mastodon.socialJ This user is from outside of this forum
                                  jaystephens@mastodon.socialJ This user is from outside of this forum
                                  jaystephens@mastodon.social
                                  wrote sidst redigeret af
                                  #20

                                  @elduvelle
                                  "its training set which is a mash up from actual people's novels, etc" is the key point.
                                  The output cannot be considered only the result of the prompt, which was the only work done by the user.

                                  elduvelle@neuromatch.socialE 1 Reply Last reply
                                  0
                                  • jaystephens@mastodon.socialJ jaystephens@mastodon.social

                                    @elduvelle
                                    "its training set which is a mash up from actual people's novels, etc" is the key point.
                                    The output cannot be considered only the result of the prompt, which was the only work done by the user.

                                    elduvelle@neuromatch.socialE This user is from outside of this forum
                                    elduvelle@neuromatch.socialE This user is from outside of this forum
                                    elduvelle@neuromatch.social
                                    wrote sidst redigeret af
                                    #21

                                    @jaystephens

                                    Definitely, see my other answer here
                                    https://neuromatch.social/@elduvelle/116161779140284723

                                    In the end I'd say the question is "who should benefit from the copyright", not whether the LLM's output is copyrightable or not, because I don't see why it wouldn't be. Obviously it's not going to be easy to figure it out, but in theory all those who contributed to the output (including in the training set) should be considered as contributors. The LLM itself, like a typewriter, is not a contributor.

                                    jaystephens@mastodon.socialJ petealexharris@mastodon.scotP 2 Replies Last reply
                                    0
                                    • blogdiva@mastodon.socialB blogdiva@mastodon.social

                                      so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                                      #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                                      this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                                      ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                                      https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                                      ai6yr@m.ai6yr.orgA This user is from outside of this forum
                                      ai6yr@m.ai6yr.orgA This user is from outside of this forum
                                      ai6yr@m.ai6yr.org
                                      wrote sidst redigeret af
                                      #22

                                      @blogdiva lol

                                      1 Reply Last reply
                                      0
                                      • blogdiva@mastodon.socialB blogdiva@mastodon.social

                                        so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                                        #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                                        this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                                        ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                                        https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                                        viss@mastodon.socialV This user is from outside of this forum
                                        viss@mastodon.socialV This user is from outside of this forum
                                        viss@mastodon.social
                                        wrote sidst redigeret af
                                        #23

                                        @blogdiva https://www.cnbc.com/2025/04/29/satya-nadella-says-as-much-as-30percent-of-microsoft-code-is-written-by-ai.html

                                        rip microsoft

                                        blogdiva@mastodon.socialB 1 Reply Last reply
                                        0
                                        • viss@mastodon.socialV viss@mastodon.social

                                          @blogdiva https://www.cnbc.com/2025/04/29/satya-nadella-says-as-much-as-30percent-of-microsoft-code-is-written-by-ai.html

                                          rip microsoft

                                          blogdiva@mastodon.socialB This user is from outside of this forum
                                          blogdiva@mastodon.socialB This user is from outside of this forum
                                          blogdiva@mastodon.social
                                          wrote sidst redigeret af
                                          #24

                                          @Viss that is EXACTLY the admission i was thinking of. also, the AWS “agentic” fiasco that deleted a whole server farm, or whatever it was? yah. should be interesting.

                                          viss@mastodon.socialV fedihacker@masto.esF 2 Replies Last reply
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