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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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  • 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 last edited by
    #7

    @elduvelle nope.

    yvandasilva@hachyderm.ioY 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..

      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 last edited by
      #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
      0
      • 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 last edited by
        #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 last edited by
          #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
          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..

            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 last edited by
            #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
            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 last edited by
              #12

              @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

                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 last edited by
                #13

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

                Time to remix.

                Link Preview Image
                Coca-Cola causes controversy with AI-generated ad

                Coca-Cola is facing backlash online over an artificial intelligence-made Christmas promotional video that users are calling “soulless” and “devoid of any actual creativity.”

                favicon

                NBC News (www.nbcnews.com)

                calbearo@convo.casaC D freediverx@mastodon.socialF 3 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

                  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 last edited by
                  #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 last edited by
                    #15

                    BTW

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

                    basically, techbros have hidden behide “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
                    0
                    • 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 last edited by
                      #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 last edited by
                        #17

                        @elduvelle 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.

                          Link Preview Image
                          Coca-Cola causes controversy with AI-generated ad

                          Coca-Cola is facing backlash online over an artificial intelligence-made Christmas promotional video that users are calling “soulless” and “devoid of any actual creativity.”

                          favicon

                          NBC News (www.nbcnews.com)

                          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 last edited by
                          #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 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 last edited by
                            #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 last edited by
                              #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
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                              • R relay@relay.mycrowd.ca shared this topic
                              • 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 last edited by
                                #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 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

                                  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 last edited by
                                  #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 last edited by
                                    #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 last edited by
                                      #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 1 Reply Last reply
                                      0
                                      • drahardja@sfba.socialD drahardja@sfba.social

                                        @elduvelle 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.

                                        leslieburns@esq.socialL This user is from outside of this forum
                                        leslieburns@esq.socialL This user is from outside of this forum
                                        leslieburns@esq.social
                                        wrote last edited by
                                        #25

                                        @elduvelle
                                        Yeah... you're right: you are NOT a lawyer.

                                        I am and you don't know what you are talking about. Transformation has NOTHING to do with copyrightability. Nada. Nichevo. Rien.

                                        (@drahardja )

                                        eldersea@expressional.socialE sharlatan@mastodon.socialS lilleffie@mstdn.socialL drahardja@sfba.socialD 4 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.

                                          Link Preview Image
                                          Coca-Cola causes controversy with AI-generated ad

                                          Coca-Cola is facing backlash online over an artificial intelligence-made Christmas promotional video that users are calling “soulless” and “devoid of any actual creativity.”

                                          favicon

                                          NBC News (www.nbcnews.com)

                                          D This user is from outside of this forum
                                          D This user is from outside of this forum
                                          darkerknight@climatejustice.social
                                          wrote last edited by
                                          #26

                                          @drahardja @blogdiva

                                          Diss Coca-cola online and above that, STOP DRINKING IT!

                                          1 Reply Last reply
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