copyright

washing-machine-chime-scandal-shows-how-absurd-youtube-copyright-abuse-can-get

Washing machine chime scandal shows how absurd YouTube copyright abuse can get

Washing machine chime scandal shows how absurd YouTube copyright abuse can get

YouTube’s Content ID system—which automatically detects content registered by rightsholders—is “completely fucking broken,” a YouTuber called “Albino” declared in a rant on X (formerly Twitter) viewed more than 950,000 times.

Albino, who is also a popular Twitch streamer, complained that his YouTube video playing through Fallout was demonetized because a Samsung washing machine randomly chimed to signal a laundry cycle had finished while he was streaming.

Apparently, YouTube had automatically scanned Albino’s video and detected the washing machine chime as a song called “Done”—which Albino quickly saw was uploaded to YouTube by a musician known as Audego nine years ago.

But when Albino hit play on Audego’s song, the only thing that he heard was a 30-second clip of the washing machine chime. To Albino it was obvious that Audego didn’t have any rights to the jingle, which Dexerto reported actually comes from the song “Die Forelle” (“The Trout”) from Austrian composer Franz Schubert.

The song was composed in 1817 and is in the public domain. Samsung has used it to signal the end of a wash cycle for years, sparking debate over whether it’s the catchiest washing machine song and inspiring at least one violinist to perform a duet with her machine. It’s been a source of delight for many Samsung customers, but for Albino, hearing the jingle appropriated on YouTube only inspired ire.

“A guy recorded his fucking washing machine and uploaded it to YouTube with Content ID,” Albino said in a video on X. “And now I’m getting copyright claims” while “my money” is “going into the toilet and being given to this fucking slime.”

Albino suggested that YouTube had potentially allowed Audego to make invalid copyright claims for years without detecting the seemingly obvious abuse.

“How is this still here?” Albino asked. “It took me one Google search to figure this out,” and “now I’m sharing revenue with this? That’s insane.”

At first, Team YouTube gave Albino a boilerplate response on X, writing, “We understand how important it is for you. From your vid, it looks like you’ve recently submitted a dispute. When you dispute a Content ID claim, the person who claimed your video (the claimant) is notified and they have 30 days to respond.”

Albino expressed deep frustration at YouTube’s response, given how “egregious” he considered the copyright abuse to be.

“Just wait for the person blatantly stealing copyrighted material to respond,” Albino responded to YouTube. “Ah okay, yes, I’m sure they did this in good faith and will make the correct call, though it would be a shame if they simply clicked ‘reject dispute,’ took all the ad revenue money and forced me to risk having my channel terminated to appeal it!! XDxXDdxD!! Thanks Team YouTube!”

Soon after, YouTube confirmed on X that Audego’s copyright claim was indeed invalid. The social platform ultimately released the claim and told Albino to expect the changes to be reflected on his channel within two business days.

Ars could not immediately reach YouTube or Albino for comment.

Widespread abuse of Content ID continues

YouTubers have complained about abuse of Content ID for years. Techdirt’s Timothy Geigner agreed with Albino’s assessment that the YouTube system is “hopelessly broken,” noting that sometimes content is flagged by mistake. But just as easily, bad actors can abuse the system to claim “content that simply isn’t theirs” and seize sometimes as much as millions in ad revenue.

In 2021, YouTube announced that it had invested “hundreds of millions of dollars” to create content management tools, of which Content ID quickly emerged as the platform’s go-to solution to detect and remove copyrighted materials.

At that time, YouTube claimed that Content ID was created as a “solution for those with the most complex rights management needs,” like movie studios and record labels whose movie clips and songs are most commonly uploaded by YouTube users. YouTube warned that without Content ID, “rightsholders could have their rights impaired and lawful expression could be inappropriately impacted.”

Since its rollout, more than 99 percent of copyright actions on YouTube have consistently been triggered automatically through Content ID.

And just as consistently, YouTube has seen widespread abuse of Content ID, terminating “tens of thousands of accounts each year that attempt to abuse our copyright tools,” YouTube said. YouTube also acknowledged in 2021 that “just one invalid reference file in Content ID can impact thousands of videos and users, stripping them of monetization or blocking them altogether.”

To help rightsholders and creators track how much copyrighted content is removed from the platform, YouTube started releasing biannual transparency reports in 2021. The Electronic Frontier Foundation (EFF), a nonprofit digital rights group, applauded YouTube’s “move towards transparency” while criticizing YouTube’s “claim that YouTube is adequately protecting its creators.”

“That rings hollow,” EFF reported in 2021, noting that “huge conglomerates have consistently pushed for more and more restrictions on the use of copyrighted material, at the expense of fair use and, as a result, free expression.” As EFF saw it then, YouTube’s Content ID system mainly served to appease record labels and movie studios, while creators felt “pressured” not to dispute Content ID claims out of “fear” that their channel might be removed if YouTube consistently sided with rights holders.

According to YouTube, “it’s impossible for matching technology to take into account complex legal considerations like fair use or fair dealing,” and that impossibility seemingly ensures that creators bear the brunt of automated actions even when it’s fair to use copyrighted materials.

At that time, YouTube described Content ID as “an entirely new revenue stream from ad-supported, user generated content” for rights holders, who made more than $5.5 billion from Content ID matches by December 2020. More recently, YouTube reported that figure climbed above $9 million, as of December 2022. With so much money at play, it’s easy to see how the system could be seen as disproportionately favoring rights holders, while creators continue to suffer from income diverted by the automated system.

Washing machine chime scandal shows how absurd YouTube copyright abuse can get Read More »

can-an-online-library-of-classic-video-games-ever-be-legal?

Can an online library of classic video games ever be legal?

Legal eagles —

Preservationists propose access limits, but industry worries about a free “online arcade.”

The Q*Bert's so bright, I gotta wear shades.

Enlarge / The Q*Bert’s so bright, I gotta wear shades.

Aurich Lawson | Getty Images | Gottlieb

For years now, video game preservationists, librarians, and historians have been arguing for a DMCA exemption that would allow them to legally share emulated versions of their physical game collections with researchers remotely over the Internet. But those preservationists continue to face pushback from industry trade groups, which worry that an exemption would open a legal loophole for “online arcades” that could give members of the public free, legal, and widespread access to copyrighted classic games.

This long-running argument was joined once again earlier this month during livestreamed testimony in front of the Copyright Office, which is considering new DMCA rules as part of its regular triennial process. During that testimony, representatives of the Software Preservation Network and the Library Copyright Alliance defended their proposal for a system of “individualized human review” to help ensure that temporary remote game access would be granted “primarily for the purposes of private study, scholarship, teaching, or research.”

Lawyer Steve Englund, who represented the ESA at the Copyright Office hearing.

Enlarge / Lawyer Steve Englund, who represented the ESA at the Copyright Office hearing.

Speaking for the Entertainment Software Association trade group, though, lawyer Steve Englund said the new proposal was “not very much movement” on the part of the proponents and was “at best incomplete.” And when pressed on what would represent “complete” enough protections to satisfy the ESA, Englund balked.

“I don’t think there is at the moment any combination of limitations that ESA members would support to provide remote access,” Englund said. “The preservation organizations want a great deal of discretion to handle very valuable intellectual property. They have yet to… show a willingness on their part in a way that might be comforting to the owners of that IP.”

Getting in the way of research

Research institutions can currently offer remote access to digital copies of works like books, movies, and music due to specific DMCA exemptions issued by the Copyright Office. However, there is no similar exemption that allows for sending temporary digital copies of video games to interested researchers. That means museums like the Strong Museum of Play can only provide access to their extensive game archives if a researcher physically makes the trip to their premises in Rochester, New York.

Currently, the only way for researchers to access these games in the Strong Museum's collection is to visit Rochester, New York, in person.

Enlarge / Currently, the only way for researchers to access these games in the Strong Museum’s collection is to visit Rochester, New York, in person.

During the recent Copyright Office hearing, industry lawyer Robert Rothstein tried to argue that this amounts to more of a “travel problem” than a legal problem that requires new rule-making. But NYU professor Laine Nooney argued back that the need for travel represents “a significant financial and logistical impediment to doing research.”

For Nooney, getting from New York City to the Strong Museum in Rochester would require a five- to six-hour drive “on a good day,” they said, as well as overnight accommodations for any research that’s going to take more than a small part of one day. Because of this, Nooney has only been able to access the Strong collection twice in her career. For researchers who live farther afield—or for grad students and researchers who might not have as much funding—even a single research visit to the Strong might be out of reach.

“You don’t go there just to play a game for a couple of hours,” Nooney said. “Frankly my colleagues in literary studies or film history have pretty routine and regular access to digitized versions of the things they study… These impediments are real and significant and they do impede research in ways that are not equitable compared to our colleagues in other disciplines.”

Limited access

Lawyer Kendra Albert.

Enlarge / Lawyer Kendra Albert.

During the hearing, lawyer Kendra Albert said the preservationists had proposed the idea of human review of requests for remote access to “strike a compromise” between “concerns of the ESA and the need for flexibility that we’ve emphasized on behalf of preservation institutions.” They compared the proposed system to the one already used to grant access for libraries’ “special collections,” which are not made widely available to all members of the public.

But while preservation institutions may want to provide limited scholarly access, Englund argued that “out in the real world, people want to preserve access in order to play games for fun.” He pointed to public comments made to the Copyright Office from “individual commenters [who] are very interested in playing games recreationally” as evidence that some will want to exploit this kind of system.

Even if an “Ivy League” library would be responsible with a proposed DMCA exemption, Englund worried that less scrupulous organizations might simply provide an online “checkbox” for members of the public who could easily lie about their interest in “scholarly play.” If a human reviewed that checkbox affirmation, it could provide a legal loophole to widespread access to an unlimited online arcade, Englund argued.

Will any restrictions be enough?

VGHF Library Director Phil Salvador.

Enlarge / VGHF Library Director Phil Salvador.

Phil Salvador of the Video Game History Foundation said that Englund’s concern about this score was overblown. “Building a video game collection is a specialized skill that most libraries do not have the human labor to do, or the expertise, or the resources, or even the interest,” he said.

Salvador estimated that the number of institutions capable of building a physical collection of historical games is in the “single digits.” And that’s before you account for the significant resources needed to provide remote access to those collections; Rhizome Preservation Director Dragan Espenschied said it costs their organization “thousands of dollars a month” to run the sophisticated cloud-based emulation infrastructure needed for a few hundred users to access their Emulation as a Service art archives and gaming retrospectives.

Salvador also made reference to last year’s VGHF study that found a whopping 87 percent of games ever released are out of print, making it difficult for researchers to get access to huge swathes of video game history without institutional help. And the games of most interest to researchers are less likely to have had modern re-releases since they tend to be the “more primitive” early games with “less popular appeal,” Salvador said.

The Copyright Office is expected to rule on the preservation community’s proposed exemption later this year. But for the moment, there is some frustration that the industry has not been at all receptive to the significant compromises the preservation community feels it has made on these potential concerns.

“None of that is ever going to be sufficient to reassure these rights holders that it will not cause harm,” Albert said at the hearing. “If we’re talking about practical realities, I really want to emphasize the fact that proponents have continually proposed compromises that allow preservation institutions to provide the kind of access that is necessary for researchers. It’s not clear to me that it will ever be enough.”

Can an online library of classic video games ever be legal? Read More »

publisher:-openai’s-gpt-store-bots-are-illegally-scraping-our-textbooks

Publisher: OpenAI’s GPT Store bots are illegally scraping our textbooks

OpenAI logo

For the past few months, Morten Blichfeldt Andersen has spent many hours scouring OpenAI’s GPT Store. Since it launched in January, the marketplace for bespoke bots has filled up with a deep bench of useful and sometimes quirky AI tools. Cartoon generators spin up New Yorker–style illustrations and vivid anime stills. Programming and writing assistants offer shortcuts for crafting code and prose. There’s also a color analysis bot, a spider identifier, and a dating coach called RizzGPT. Yet Blichfeldt Andersen is hunting only for one very specific type of bot: Those built on his employer’s copyright-protected textbooks without permission.

Blichfeldt Andersen is publishing director at Praxis, a Danish textbook purveyor. The company has been embracing AI and created its own custom chatbots. But it is currently engaged in a game of whack-a-mole in the GPT Store, and Blichfeldt Andersen is the man holding the mallet.

“I’ve been personally searching for infringements and reporting them,” Blichfeldt Andersen says. “They just keep coming up.” He suspects the culprits are primarily young people uploading material from textbooks to create custom bots to share with classmates—and that he has uncovered only a tiny fraction of the infringing bots in the GPT Store. “Tip of the iceberg,” Blichfeldt Andersen says.

It is easy to find bots in the GPT Store whose descriptions suggest they might be tapping copyrighted content in some way, as Techcrunch noted in a recent article claiming OpenAI’s store was overrun with “spam.” Using copyrighted material without permission is permissible in some contexts but in others rightsholders can take legal action. WIRED found a GPT called Westeros Writer that claims to “write like George R.R. Martin,” the creator of Game of Thrones. Another, Voice of Atwood, claims to imitate the writer Margaret Atwood. Yet another, Write Like Stephen, is intended to emulate Stephen King.

When WIRED tried to trick the King bot into revealing the “system prompt” that tunes its responses, the output suggested it had access to King’s memoir On Writing. Write Like Stephen was able to reproduce passages from the book verbatim on demand, even noting which page the material came from. (WIRED could not make contact with the bot’s developer, because it did not provide an email address, phone number, or external social profile.)

OpenAI spokesperson Kayla Wood says it responds to takedown requests against GPTs made with copyrighted content but declined to answer WIRED’s questions about how frequently it fulfills such requests. She also says the company proactively looks for problem GPTs. “We use a combination of automated systems, human review, and user reports to find and assess GPTs that potentially violate our policies, including the use of content from third parties without necessary permission,” Wood says.

New disputes

The GPT store’s copyright problem could add to OpenAI’s existing legal headaches. The company is facing a number of high-profile lawsuits alleging copyright infringement, including one brought by The New York Times and several brought by different groups of fiction and nonfiction authors, including big names like George R.R. Martin.

Chatbots offered in OpenAI’s GPT Store are based on the same technology as its own ChatGPT but are created by outside developers for specific functions. To tailor their bot, a developer can upload extra information that it can tap to augment the knowledge baked into OpenAI’s technology. The process of consulting this additional information to respond to a person’s queries is called retrieval-augmented generation, or RAG. Blichfeldt Andersen is convinced that the RAG files behind the bots in the GPT Store are a hotbed of copyrighted materials uploaded without permission.

Publisher: OpenAI’s GPT Store bots are illegally scraping our textbooks Read More »

google-balks-at-$270m-fine-after-training-ai-on-french-news-sites’-content

Google balks at $270M fine after training AI on French news sites’ content

Google balks at $270M fine after training AI on French news sites’ content

Google has agreed to pay 250 million euros (about $273 million) to settle a dispute in France after breaching years-old commitments to inform and pay French news publishers when referencing and displaying content in both search results and when training Google’s AI-powered chatbot, Gemini.

According to France’s competition watchdog, the Autorité de la Concurrence (ADLC), Google dodged many commitments to deal with publishers fairly. Most recently, it never notified publishers or the ADLC before training Gemini (initially launched as Bard) on publishers’ content or displaying content in Gemini outputs. Google also waited until September 28, 2023, to introduce easy options for publishers to opt out, which made it impossible for publishers to negotiate fair deals for that content, the ADLC found.

“Until this date, press agencies and publishers wanting to opt out of this use had to insert an instruction opposing any crawling of their content by Google, including on the Search, Discover and Google News services,” the ADLC noted, warning that “in the future, the Autorité will be particularly attentive as regards the effectiveness of opt-out systems implemented by Google.”

To address breaches of four out of seven commitments in France—which the ADLC imposed in 2022 for a period of five years to “benefit” publishers by ensuring Google’s ongoing negotiations with them were “balanced”—Google has agreed to “a series of corrective measures,” the ADLC said.

Google is not happy with the fine, which it described as “not proportionate” partly because the fine “doesn’t sufficiently take into account the efforts we have made to answer and resolve the concerns raised—in an environment where it’s very hard to set a course because we can’t predict which way the wind will blow next.”

According to Google, regulators everywhere need to clearly define fair use of content when developing search tools and AI models, so that search companies and AI makers always know “whom we are paying for what.” Currently in France, Google contends, the scope of Google’s commitments has shifted from just general news publishers to now also include specialist publications and listings and comparison sites.

The ADLC agreed that “the question of whether the use of press publications as part of an artificial intelligence service qualifies for protection under related rights regulations has not yet been settled,” but noted that “at the very least,” Google was required to “inform publishers of the use of their content for their Bard software.”

Regarding Bard/Gemini, Google said that it “voluntarily introduced a new technical solution called Google-Extended to make it easier for rights holders to opt out of Gemini without impact on their presence in Search.” It has now also committed to better explain to publishers both “how our products based on generative AI work and how ‘Opt Out’ works.”

Google said that it agreed to the settlement “because it’s time to move on” and “focus on the larger goal of sustainable approaches to connecting people with quality content and on working constructively with French publishers.”

“Today’s fine relates mostly to [a] disagreement about how much value Google derives from news content,” Google’s blog said, claiming that “a lack of clear regulatory guidance and repeated enforcement actions have made it hard to navigate negotiations with publishers, or plan how we invest in news in France in the future.”

What changes did Google agree to make?

Google defended its position as “the first and only platform to have signed significant licensing agreements” in France, benefiting 280 French press publishers and “covering more than 450 publications.”

With these publishers, the ADLC found that Google breached requirements to “negotiate in good faith based on transparent, objective, and non-discriminatory criteria,” to consistently “make a remuneration offer” within three months of a publisher’s request, and to provide information for publishers to “transparently assess their remuneration.”

Google also breached commitments to “inform editors and press agencies of the use of their content by its service Bard” and of Google’s decision to link “the use of press agencies’ and publishers’ content by its artificial intelligence service to the display of protected content on services such as Search, Discover and News.”

Regarding negotiations, the ADLC found that Google not only failed to be transparent with publishers about remuneration, but also failed to keep the ADLC informed of information necessary to monitor whether Google was honoring its commitments to fairly pay publishers. Partly “to guarantee better communication,” Google has agreed to appoint a French-speaking representative in its Paris office, along with other steps the ADLC recommended.

According to the ADLC’s announcement (translated from French), Google seemingly acted sketchy in negotiations by not meeting non-discrimination criteria—and unfavorably treating publishers in different situations identically—and by not mentioning “all the services that could generate revenues for the negotiating party.”

“According to the Autorité, not taking into account differences in attractiveness between content does not allow for an accurate reflection of the contribution of each press agency and publisher to Google’s revenues,” the ADLC said.

Also problematically, Google established a minimum threshold of 100 euros for remuneration that it has now agreed to drop.

This threshold, “in its very principle, introduces discrimination between publishers that, below a certain threshold, are all arbitrarily assigned zero remuneration, regardless of their respective situations,” the ADLC found.

Google balks at $270M fine after training AI on French news sites’ content Read More »

us-government-agencies-demand-fixable-ice-cream-machines

US government agencies demand fixable ice cream machines

I scream, you scream, we all scream for 1201(c)3 exemptions —

McFlurries are a notable part of petition for commercial and industrial repairs.

Taylor ice cream machine, with churning spindle removed by hand.

Enlarge / Taylor’s C709 Soft Serve Freezer isn’t so much mechanically complicated as it is a software and diagnostic trap for anyone without authorized access.

Many devices have been made difficult or financially nonviable to repair, whether by design or because of a lack of parts, manuals, or specialty tools. Machines that make ice cream, however, seem to have a special place in the hearts of lawmakers. Those machines are often broken and locked down for only the most profitable repairs.

The Federal Trade Commission and the antitrust division of the Department of Justice have asked the US Copyright Office (PDF) to exempt “commercial soft serve machines” from the anti-circumvention rules of Section 1201 of the Digital Millennium Copyright Act (DMCA). The governing bodies also submitted proprietary diagnostic kits, programmable logic controllers, and enterprise IT devices for DMCA exemptions.

“In each case, an exemption would give users more choices for third-party and self-repair and would likely lead to cost savings and a better return on investment in commercial and industrial equipment,” the joint comment states. Those markets would also see greater competition in the repair market, and companies would be prevented from using DMCA laws to enforce monopolies on repair, according to the comment.

The joint comment builds upon a petition filed by repair vendor and advocate iFixit and interest group Public Knowledge, which advocated for broad reforms while keeping a relatable, ingestible example at its center. McDonald’s soft serve ice cream machines, which are famously frequently broken, are supplied by industrial vendor Taylor. Taylor’s C709 Soft Serve Freezer requires lengthy, finicky warm-up and cleaning cycles, produces obtuse error codes, and, perhaps not coincidentally, costs $350 per 15 minutes of service for a Taylor technician to fix. iFixit tore down such a machine, confirming the lengthy process between plugging in and soft serving.

After one company built a Raspberry Pi-powered device, the Kytch, that could provide better diagnostics and insights, Taylor moved to ban franchisees from installing the device, then offered up its own competing product. Kytch has sued Taylor for $900 million in a case that is still pending.

Beyond ice cream, the petitions to the Copyright Office would provide more broad exemptions for industrial and commercial repairs that require some kind of workaround, decryption, or other software tinkering. Going past technological protection measures (TPMs) was made illegal by the 1998 DMCA, which was put in place largely because of the concerns of media firms facing what they considered rampant piracy.

Every three years, the Copyright Office allows for petitions to exempt certain exceptions to DMCA violations (and renew prior exemptions). Repair advocates have won exemptions for farm equipment repair, video game consoles, cars, and certain medical gear. The exemption is often granted for device fixing if a repair person can work past its locks, but not for the distribution of tools that would make such a repair far easier. The esoteric nature of such “release valve” offerings has led groups like the EFF to push for the DMCA’s abolishment.

DMCA exemptions occur on a parallel track to state right-to-repair bills and broader federal action. President Biden issued an executive order that included a push for repair reforms. The FTC has issued studies that call out unnecessary repair restrictions and has taken action against firms like Harley-Davidson, Westinghouse, and grill maker Weber for tying warranties to an authorized repair service.

Disclosure: Kevin Purdy previously worked for iFixit. He has no financial ties to the company.

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nvidia-sued-over-ai-training-data-as-copyright-clashes-continue

Nvidia sued over AI training data as copyright clashes continue

In authors’ bad books —

Copyright suits over AI training data reportedly decreasing AI transparency.

Nvidia sued over AI training data as copyright clashes continue

Book authors are suing Nvidia, alleging that the chipmaker’s AI platform NeMo—used to power customized chatbots—was trained on a controversial dataset that illegally copied and distributed their books without their consent.

In a proposed class action, novelists Abdi Nazemian (Like a Love Story), Brian Keene (Ghost Walk), and Stewart O’Nan (Last Night at the Lobster) argued that Nvidia should pay damages and destroy all copies of the Books3 dataset used to power NeMo large language models (LLMs).

The Books3 dataset, novelists argued, copied “all of Bibliotek,” a shadow library of approximately 196,640 pirated books. Initially shared through the AI community Hugging Face, the Books3 dataset today “is defunct and no longer accessible due to reported copyright infringement,” the Hugging Face website says.

According to the authors, Hugging Face removed the dataset last October, but not before AI companies like Nvidia grabbed it and “made multiple copies.” By training NeMo models on this dataset, the authors alleged that Nvidia “violated their exclusive rights under the Copyright Act.” The authors argued that the US district court in San Francisco must intervene and stop Nvidia because the company “has continued to make copies of the Infringed Works for training other models.”

A Hugging Face spokesperson clarified to Ars that “Hugging Face never removed this dataset, and we did not host the Books3 dataset on the Hub.” Instead, “Hugging Face hosted a script that downloads the data from The Eye, which is the place where ELeuther hosted the data,” until “Eleuther removed the data from The Eye” over copyright concerns, causing the dataset script on Hugging Face to break.

Nvidia did not immediately respond to Ars’ request to comment.

Demanding a jury trial, authors are hoping the court will rule that Nvidia has no possible defense for both allegedly violating copyrights and intending “to cause further infringement” by distributing NeMo models “as a base from which to build further models.”

AI models decreasing transparency amid suits

The class action was filed by the same legal team representing authors suing OpenAI, whose lawsuit recently saw many claims dismissed, but crucially not their claim of direct copyright infringement. Lawyers told Ars last month that authors would be amending their complaints against OpenAI and were “eager to move forward and litigate” their direct copyright infringement claim.

In that lawsuit, the authors alleged copyright infringement both when OpenAI trained LLMs and when chatbots referenced books in outputs. But authors seemed more concerned about alleged damages from chatbot outputs, warning that AI tools had an “uncanny ability to generate text similar to that found in copyrighted textual materials, including thousands of books.”

Uniquely, in the Nvidia suit, authors are focused exclusively on Nvidia’s training data, seemingly concerned that Nvidia could empower businesses to create any number of AI models on the controversial dataset, which could affect thousands of authors whose works could allegedly be broadly infringed just by training these models.

There’s no telling yet how courts will rule on the direct copyright claims in either lawsuit—or in the New York Times’ lawsuit against OpenAI—but so far, OpenAI has failed to convince courts to toss claims aside.

However, OpenAI doesn’t appear very shaken by the lawsuits. In February, OpenAI said that it expected to beat book authors’ direct copyright infringement claim at a “later stage” of the case and, most recently in the New York Times case, tried to convince the court that NYT “hacked” ChatGPT to “set up” the lawsuit.

And Microsoft, a co-defendant in the NYT lawsuit, even more recently introduced a new argument that could help tech companies defeat copyright suits over LLMs. Last month, Microsoft argued that The New York Times was attempting to stop a “groundbreaking new technology” and would fail, just like movie producers attempting to kill off the VCR in the 1980s.

“Despite The Times’s contentions, copyright law is no more an obstacle to the LLM than it was to the VCR (or the player piano, copy machine, personal computer, Internet, or search engine),” Microsoft wrote.

In December, Hugging Face’s machine learning and society lead, Yacine Jernite, noted that developers appeared to be growing less transparent about training data after copyright lawsuits raised red flags about companies using the Books3 dataset, “especially for commercial models.”

Meta, for example, “limited the amount of information [it] disclosed about” its LLM, Llama-2, “to a single paragraph description and one additional page of safety and bias analysis—after [its] use of the Books3 dataset when training the first Llama model was brought up in a copyright lawsuit,” Jernite wrote.

Jernite warned that AI models lacking transparency could hinder “the ability of regulatory safeguards to remain relevant as training methods evolve, of individuals to ensure that their rights are respected, and of open science and development to play their role in enabling democratic governance of new technologies.” To support “more accountability,” Jernite recommended “minimum meaningful public transparency standards to support effective AI regulation,” as well as companies providing options for anyone to opt out of their data being included in training data.

“More data transparency supports better governance and fosters technology development that more reliably respects peoples’ rights,” Jernite wrote.

Nvidia sued over AI training data as copyright clashes continue Read More »

us-says-ai-models-can’t-hold-patents

US says AI models can’t hold patents

Robot inventors dismayed —

Inventors must be human, but there’s still a condition where AI can officially help.

An illustrated concept of a digital brain, crossed out.

On Tuesday, the United States Patent and Trademark Office (USPTO) published guidance on inventorship for AI-assisted inventions, clarifying that while AI systems can play a role in the creative process, only natural persons (human beings) who make significant contributions to the conception of an invention can be named as inventors. It also rules out using AI models to churn out patent ideas without significant human input.

The USPTO says this position is supported by “the statutes, court decisions, and numerous policy considerations,” including the Executive Order on AI issued by President Biden. We’ve previously covered attempts, which have been repeatedly rejected by US courts, by Dr. Stephen Thaler to have an AI program called “DABUS” named as the inventor on a US patent (a process begun in 2019).

This guidance follows themes previously set by the US Copyright Office (and agreed upon by a judge) that an AI model cannot own a copyright for a piece of media and that substantial human contributions are required for copyright protection.

Even though an AI model itself cannot be named an inventor or joint inventor on a patent, using AI assistance to create an invention does not necessarily disqualify a human from holding a patent, as the USPTO explains:

“While AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person(s) does not preclude a natural person(s) from qualifying as an inventor (or joint inventors) if the natural person(s) significantly contributed to the claimed invention.”

However, the USPTO says that significant human input is required for an invention to be patentable: “Maintaining ‘intellectual domination’ over an AI system does not, on its own, make a person an inventor of any inventions created through the use of the AI system.” So a person simply overseeing an AI system isn’t suddenly an inventor. The person must make a significant contribution to the conception of the invention.

If someone does use an AI model to help create patents, the guidance describes how the application process would work. First, patent applications for AI-assisted inventions must name “the natural person(s) who significantly contributed to the invention as the inventor,” and additionally, applications must not list “any entity that is not a natural person as an inventor or joint inventor, even if an AI system may have been instrumental in the creation of the claimed invention.”

Reading between the lines, it seems the contributions made by AI systems are akin to contributions made by other tools that assist in the invention process. The document does not explicitly say that the use of AI is required to be disclosed during the application process.

Even with the published guidance, the USPTO is seeking public comment on the newly released guidelines and issues related to AI inventorship on its website.

US says AI models can’t hold patents Read More »

ai-firms’-pledges-to-defend-customers-from-ip-issues-have-real-limits

AI firms’ pledges to defend customers from IP issues have real limits

Read the fine print —

Indemnities offered by Amazon, Google, and Microsoft are narrow.

The Big Tech groups are competing to offer new services such as virtual assistants and chatbots as part of a multibillion-dollar bet on generative AI

Enlarge / The Big Tech groups are competing to offer new services such as virtual assistants and chatbots as part of a multibillion-dollar bet on generative AI

FT

The world’s biggest cloud computing companies that have pushed new artificial intelligence tools to their business customers are offering only limited protections against potential copyright lawsuits over the technology.

Amazon, Microsoft and Google are competing to offer new services such as virtual assistants and chatbots as part of a multibillion-dollar bet on generative AI—systems that can spew out humanlike text, images and code in seconds.

AI models are “trained” on data, such as photographs and text found on the internet. This has led to concern that rights holders, from media companies to image libraries, will make legal claims against third parties who use the AI tools trained on their copyrighted data.

The big three cloud computing providers have pledged to defend business customers from such intellectual property claims. But an analysis of the indemnity clauses published by the cloud computing companies show that the legal protections only extend to the use of models developed by or with oversight from Google, Amazon and Microsoft.

“The indemnities are quite a smart bit of business . . . and make people think ‘I can use this without worrying’,” said Matthew Sag, professor of law at Emory University.

But Brenda Leong, a partner at Luminos Law, said it was “important for companies to understand that [the indemnities] are very narrowly focused and defined.”

Google, Amazon and Microsoft declined to comment.

The indemnities provided to customers do not cover use of third-party models, such as those developed by AI start-up Anthropic, which counts Amazon and Google as investors, even if these tools are available for use on the cloud companies’ platforms.

In the case of Amazon, only content produced by its own models, such as Titan, as well as a range of the company’s AI applications, are covered.

Similarly, Microsoft only provides protection for the use of tools that run on its in-house models and those developed by OpenAI, the startup with which it has a multibillion-dollar alliance.

“People needed those assurances to buy, because they were hyper aware of [the legal] risk,” said one IP lawyer working on the issues.

The three cloud providers, meanwhile, have been adding safety filters to their tools that aim to screen out any potentially problematic content that is generated. The tech groups had become “more satisfied that instances of infringements would be very low,” but did not want to provide “unbounded” protection, the lawyer said.

While the indemnification policies announced by Microsoft, Amazon, and Alphabet are similar, their customers may want to negotiate more specific indemnities in contracts tailored to their needs, though that is not yet common practice, people close to the cloud companies said.

OpenAI and Meta are among the companies fighting the first generative AI test cases brought by prominent authors and the comedian Sarah Silverman. They have focused in large part on allegations that the companies developing models unlawfully used copyrighted content to train them.

Indemnities were being offered as an added layer of “security” to users who might be worried about the prospect of more lawsuits, especially since the test cases could “take significant time to resolve,” which created a period of “uncertainty,” said Angela Dunning, a partner at law firm Cleary Gottlieb.

However, Google’s indemnity does not extend to models that have been “fine-tuned” by customers using their internal company data—a practice that allows businesses to train general models to produce more relevant and specific results—while Microsoft’s does.

Amazon’s covers Titan models that have been customized in this way, but if the alleged infringement is due to the fine-tuning, the protection is voided.

Legal claims brought against the users—rather than the makers—of generative AI tools may be challenging to win, however.

When dismissing part of a claim brought by three artists a year ago against AI companies Stability AI, DeviantArt, and Midjourney, US Judge William Orrick said one “problem” was that it was “not plausible” that every image generated by the tools had relied on “copyrighted training images.”

For copyright infringement to apply, the AI-generated images must be shown to be “substantially similar” to the copyrighted images, Orrick said.

© 2024 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

AI firms’ pledges to defend customers from IP issues have real limits Read More »

copyright-confrontation-#1

Copyright Confrontation #1

Lawsuits and legal issues over copyright continued to get a lot of attention this week, so I’m gathering those topics into their own post. The ‘virtual #0’ post is the relevant section from last week’s roundup.

Who will win the case? Which of New York Times’s complaints will be convincing?

Different people have different theories of the case.

Part of that is that there are four distinct allegations NYT is throwing at the wall.

Arvind Narayanan: A thread on some misconceptions about the NYT lawsuit against OpenAI. Morality aside, the legal issues are far from clear cut. Gen AI makes an end run around copyright and IMO this can’t be fully resolved by the courts alone.

As I currently understand it, NYT alleges that OpenAI engaged in 4 types of unauthorized copying of its articles:

  1. The training dataset

  2. The LLMs themselves encode copies in their parameters

  3. Output of memorized articles in response to queries

  4. Output of articles using browsing plugin

Which, of course, it does.

The training dataset is the straightforward baseline battle royale. The main event.

The real issue is the use of NYT data for training without compensation … Unfortunately, these stand on far murkier legal ground, and several lawsuits along these lines have already been dismissed.

It is unclear how well current copyright law can deal with the labor appropriation inherent to the way generative AI is being built today. Note that *peoplecould always do the things gen AI does, and it was never a problem.

We have a problem now because those things are being done (1) in an automated way (2) at a billionfold greater scale (3) by companies that have vastly more power in the market than artists, writers, publishers, etc.

Bingo. That’s the real issue. Can you train an LLM or other AI on other people’s copyrighted data without their permission? If you do, do you owe compensation?

A lot of people are confident in very different answers to this question, both in terms of the positive questions of what the law says and what society will do, and also the normative question what society should decide.

Daniel Jeffries, for example, is very confident that this is not how any of this works. We all learn, he points out, for free. Why should a computer system have to pay?

Do we all learn for free? We do still need access to the copyrighted works. In the case of The New York Times, they impose a paywall. If you want to learn from NYT, you have to pay. Of course you can get around this in practice in various ways, but any systematic use of them would obviously not be legal, even if much such use is effectively tolerated. The price is set on the assumption that the subscription is for one person or family unit.

Why does it seem so odd to think that if an AI also wanted access, it too would need a subscription? And that the cost might not want to be the same as for a person, although saying ‘OpenAI must buy one (1) ongoing NYT subscription retroactive to their founding’ would be a hilarious verdict?

Scale matters. Scale changes things. What is fine at small scale might not be fine at large scale. Both as a matter of practicality, and as a matter of law and its enforcement.

Many of us have, at some point, written public descriptions of a game of professional football without the express written consent of the National Football League. And yet, they tell us every game:

NFL: This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL’s consent is prohibited.

Why do they spend valuable air time on this, despite the disdain it creates? Because they do not want you doing such things at scale in ways the NFL would dislike. Or, at least, they want the ability to veto such activities in extreme cases.

Such things mostly exist in an ambiguous state, on a continuum. Strictly enforcing the letter of what rights holders say in all cases would be crazy. Nullifying all rights and letting everyone do literal anything would also be crazy.

A balance must be struck. The more industrial your operation, the more at scale and the more commercial, the less we do (and should) tolerate various shenanigans. What is a fair use or a transformative use? That is highly context dependent.

The encoding copies claim seems odd. Mostly LLMs do not memorize the data set, they could not possibly do that it’s too big, but stuff that gets repeated enough gets essentially memorized.

Then there are the last two, which do not seem to be going concerns.

Arvind Narayanan: The memorization issue is striking and has gotten much attention (HT @jason_kint). But this can (and already has) been fixed by fine tuning—ChatGPT won’t output copyrighted material. The screenshots were likely from an earlier model accessed via the API.

Similarly, the use of the browsing plugin to output article text has also been fixed (OpenAI disabled the browse feature for a few weeks after I pointed out the issue in June).

My understanding is you cannot, today, get around the paywall through the browser via asking nicely. Well, I suppose you can get around the paywall that way, one paragraph at a time, although you get a paraphrase?

Tech Dirt points out that if reading someone else’s article and then using its contents to help report the news is infringement, then NYT itself is in quite a lot of trouble, as of course I’d add is actual every other newspaper and every journalist. As always, such outlets as Tech Dirt are happy to spin wild tales of how laws could go horribly wrong if someone took their words or various legal theories seriously, literally or both, and warn of dire consequences if technology is ever interfered with. Sometimes they are right. Sometimes such prophecies are self-preventing. Other times, wolf.

Timothy Lee: A mistake I see people making a lot is assuming that the law is based on categorical rules like “it is/isn’t legal to do automated analysis on copyrighted material.” The law is actually more nuanced than that.

On the one hand, this type of thinking leads people to assume that since google won the books case all data analysis with copyrighted material must be legal. It’s more complicated than that.

On the other hand, I see people catastrophizing the consequences of an OpenAI loss, assuming it would become flatly illegal to ever train a model on copyrighted data. Again, it’s more complicated than that. It might be possible to distinguish most training from gpt-4.

The nuanced character of the law has real downsides because sometimes (like now with copyright and LLMs) it can be hard to predict what the law will be. But I think the world is too complex for more simplistic rules to make sense.

The problem is that law is a place where words are supposed to have meaning, and logic is supposed to rule a day. We are told we are a nation of laws. So our instinct is to view the law as more principled, absolute and logically robust than it is in practice. As Timothy points out, this leads to catastrophizing, and doubly leads to overconfidence. We think A→B when it doesn’t, and also we think A→B→D where D is a disaster, therefore not A, whereas often D does not follow in practice because everyone realizes that would be stupid and finds an excuse. Other times, D happens and people care less than you expected about that relative to other cares.

In other results from this style of logic, no, this is not like the fact that every toothpick contains, if you zoom in and look at it exactly the right way, all the products of an infinite number of monkeys on typewriters?

Tyler Cowen: If you stare at just the exact right part of the toothpick, and measure the length from the tip, expressed in terms of the appropriate unit and converted into binary, and then translated into English, you can find any message you want.  You just have to pinpoint your gaze very very exactly (I call this “a prompt”).

In fact, on your toothpick you can find the lead article from today’s New York Times.  With enough squinting, measuring, and translating.

By producing the toothpick, they put the message there and thus they gave you NYT access, even though you are not a paid subscriber.  You simply need to how to stare (and translate), or in other words how to prompt.

So let’s sue the toothpick company!

He got roasted in the comments, because that is not how any of this works except on one particular narrow level, but I get what Tyler was trying to do here.

I continue to believe that one should stay grounded in the good arguments. This kind of ‘well if that is the law then technically the your grandmother would be a trolly car and subject to the regulations thereof’ makes it harder, not easier, to distinguish legal absurdities that would be laughed out of court with the ones that wouldn’t. It is the ones that wouldn’t that are dangerous.

It is easy to see why one might also throw up one’s hands on the legal merits.

Eliezer Yudkowsky: Our civilization’s concept of copyright law is too insane for me to care about the legal merits of either side.

What is clear is that the current Uber-style ‘flagrantly break the law and dare them to enforce it’ strategy’s viability is going to come to a close.

That is not to say that the AI industry completely ignored copyright. They simply tried to pretend that the rule was ‘do a reasonable job to not outright duplicate massive blocks of text on a regular basis.’

That’s… not the rule.

Timothy Lee: Until recently AI was a research community that enjoyed benign neglect from copyright holders who felt it was bad form to sue academics. I think this gave a lot of AI researchers the mistaken impression that copyright law didn’t apply to them.

It’s far from clear how the courts will apply copyright precedents to training generative networks, but it’s a safe bet they won’t have the “lol do whatever you want” attitude a lot of people in the AI world seem to be expecting/hoping for.

Like a lot of people seem to think it’s inherently ridiculous to think that training a language model could infringe copyright. But I guarantee that if your LLM spits out the full text of Harry Potter you’re gonna have a bad time.

It doesn’t seem out of the question that AI companies could lose these cases catastrophically and be forced to pay billions to plaintiffs and rebuild their models from scratch.

Timothy Lee (distinct thread, quoting Kevin Bryan’s thread from last week): This is a great thread walking through some common misunderstandings you see on the anti-llm side of the copyright debate. He may be right that the verbatim copies of times articles are due to training on copies spread across the web not just training on the articles themselves.

I’m just not sure how relevant this is from a legal perspective. You’ve got a system that trains on copyrighted content and sometimes output verbatim copies of that content. I’m not sure the legal system will or should care about the exact details of how this happens.

When Kevin writes “a bad ruling here makes LLMs impossible” what I think he means is “…if we want to continue training LLMs using content scraped indiscriminately from across the web.” And probably so. But maybe doing that is copyright infringement?

It is absolutely true that if training an LLM without indiscriminate scraping will be slower and more expensive, and the resulting models will initially be worse than GPT-4. Early streaming services also had much worse selection than Napster. The courts didn’t care.

If you spit out the full text of Harry Potter without permission to do so, you are going to have a bad time.

I would hope we can all further agree that this is correct? That it is the responsibility of the creator of an AI model not to spit out the full text of Harry Potter without permission?

Or at least, not to do so in any way that a user would ever use for mundane utility. Practicalities matter. But certainly we can all agree that if the prompt was ‘Please give me the full text of Harry Potter and the Sorcerer’s Stone’ that it better not work?

What about full New York Times articles? I presume we can all agree that if you can say straight up without loss of generality ‘give me today’s (or last month’s, or even last year’s) New York Times article entitled ‘OpenAI’s Copyright Violations Continue Unabated, New York Times Says’ and it gives you the full text of that article from behind a paywall, that is also not okay whether or not the text was somehow memorized.

If the trick involved API access, a convoluted prompt and also feeding in the first half of the article? And that if this was happening at scale, it would get patched out? I do think those exact details should matter, and that they likely do.

The last point is key as well. Pointing out that enforcing the law would substantially interfere with your ability to do business is not that strong a defense. The invisible graveyard is littered, not only in medicine, with all the wonderful things we could have had but for the law telling us we cannot have them. Sometimes there is a good reason for that, and the wonderful thing had a real downside. Sometimes that is the unfortunate side effect of rules that make sense in general or in another context. Sometimes it is all pointless. It still all definitely happens.

Is it fatal that OpenAI cannot show that its models will not produce copyrighted content verbatim, because they do not sufficiently know how their own models work?

Andriy Burkov: It’s unlikely that OpenAI will win against The NY Times. The reason for this is simple: they don’t know how ChatGPT works and thus will have a hard time answering the judge’s question: “Is it possible that your model reproduces the copyrighted content verbatim? If yes, can you make it not to?”

OpenAI will have to answer: “Yes it’s possible. No, we cannot.”

So they will lose. The only question is how OpenAI’s loss will affect the nascent open LLM market.

In any case, after the court’s decision, it will be dangerous to integrate an LLM-based chatbot into your product unless you manage to restrict its output to a limited set of acceptable answers.

As many have pointed out, most any technology can and occasionally does reproduce copyrighted material, if that is your explicit goal. Even humans have been known to quote extensively from copyrighted works on occasion, especially when asked to do so. We do not ban printers, the copy-paste command or even xerox machines.

There are those who want to use the ‘never have I ever’ standard, that if it is ever possible with the right prompt to elicit copyrighted material from a model that the model is automatically in meaningful violation.

That seems like a completely absurd standard. Any reasonable legal standard here will care about whether or not reproduction is done in practice, in a way that is competitive with the original.

If users are actually using ChatGPT to get the text of New York Times articles on purpose for actual use, in practice, that seems clearly not okay.

If users are actually using ChatGPT otherwise, and getting output that copies New York Times articles in a violating way, especially in ways that lack proper attribution, that also seems clearly not okay.

If a user who, shall we say, literally pastes in the first 300 words of an older widely disseminated article, and calls explicitly for the continuation, can get the continuation?

That is not great, and I would expect OpenAI to take mitigations to make this as difficult to do as is practical, but you know what you did there and it does not seem to pose much threat to the Times.

And indeed, that is what the Times did there.

Rohit: NYT OpenAI lawsuit is interesting in what it tells us about prompting. They used 300 words of an existing article to generate c.300 more.

If methods of prompting don’t matter, then any reproduction is problematic. But if prompting matters, it’s equivalent to a user problem.

Is me copy pasting parts of article and asking it to fill the rest out enough to blame the system entirely? Or the user?

Or maybe enough to give OpenAI all such articles and say never restate these, but as a post processing step? Although I do not understand why this would be beneficial in the least to anybody involved.

Daniel Jeffries goes further. He says this was not merely an engineered prompt, it is a highly manipulated prompt via the API, web browsing and a highly concerted effort to get the system to copy the article. That this will not be something that the lawyers can reproduce in the real world. In the replies, Paul Calcraft notes at least in the June version of GPT-4 you can get such responses from memory.

Rohit: Also at that point I am sure the part of the complaint which alleges open AI hallucination problem as a major brand issue comes into play. It’s a beautiful legal strategy though it is not a logical one.

The argument that ‘hallucinations are causing major brand damage’ seems like utter hogwash to me. I do not see any evidence this is happening.

I also find it interesting that the only way out of this for creating GPT that is an AGI. So it can have judgement over when something is plagiarism versus when something is copyrighted versus when something is an an homage.

I don’t think this is true? Being an AGI cannot be both necessary and sufficient here. If there are no hard and fast rules for which is which and the answers are not objective, then an AGI will also make errors on which is which when measured against a court ruling. If the answer is objective, then you don’t need AGI?

In any case:

– it’s impossible to really use GPT to get around NYT paywall, consistently or w/o hallucination

This seems to me to be what matters? If you cannot use GPT to get around the NYT paywall in a way that is useful in practice, then what is the issue?

– GPT hallucinations aren’t NYT articles

GPT hallucinations on NYT articles seem like problems if and only if they are actually reasonably mistaken for genuine NYT articles. Again, I don’t see this happening?

– if there’s an NYT style, is that/ should that be copyrighted? Feels wrong

Style is indeed not protected, as I understand the law, nor should it be.

So indeed, the question seems like it should be: Does ChatGPT in practice encourage users to go around the NYT paywall, or give them access to the contents without providing hyperlinks, or otherwise directly compete with and hurt NYT?

Aleksandr Tiukanov: Will the reasoning for the Authors Guild v Google (Google Books) decision apply?

Chatbot outputs are also not similar to traditional web search. In the case of NYT v Microsoft and OpenAI, they allege that, unlike search engine-delivered snippets, ChatGPT, Bing Chat etc. outputs extensively reproduce the NYT articles’ and do not provide prominent hyperlinks to the articles. This way, the defendants arguably disincentivise users from visiting the NYT resources, as chatbot outputs’ may in fact serve as adequate substitute for reading the article itself. OpenAI and Microsoft therefore may be in fact competing in the same market in which NYT itself operates.

If this is proven to be the case, OpenAI’s fair use defense will fall: unfairly competitive use is not fair use according to the fair use doctrine.

Jschunter: 100% of the function of Google search was to provide links and verbatim snippets of existing works. With ChatGPT, the use case of reproducing existing works verbatim as a means of replacing the original is less than 0.0001%, because almost no one uses ChatGPT for that. Lost case.

This is a practical question. Does ChatGPT do this? As discussed above, you can sort of do it a little, but in practice that seems nuts. If I want access to an NYT article’s text from behind the paywall, it would never occur to me to use ChatGPT to get it. I do my best to respect paywalls, but if I ever want around a paywall, obviously I am going to use the Internet Archive for that.

Kevin Fischer: Seriously, who is asking GPT for old NYTimes articles? I can’t imagine that has happened a single time by any real user.

I agree that it is not a common use case, but yes, I would bet heavily that it did happen. There was, at minimum, some window when you could use the browser capability to do this in a reasonably convenient way.

Here is a good encapsulation of many of the arguments.

Prof. Lee Cronin: Imagine you take someone’s work & you compress it into zip format. You then do this for countless other original work & add them to the zip file. You then query the zip file with a question & you sell the output as being yours. Can you now understand why this is unethical?

Oliver Stanley: Imagine you read someone’s work and remember the information within. You do this for countless original works over years. You write down your understanding based on knowledge you gained from reading & sell the writing as being yours. Can you now understand why this is ethical?

Exactly, on both counts. So where do we draw the line between the two?

Ultimately, society has to decide how this will work. There is no great answer to the problem of training data.

In practice, data sets requiring secured rights or explicit permission before use would be severely curtailed, and would greatly raise costs and hurt the abilities of the resulting models. Also in practice, not doing so would mean most creators do not get any consideration.

Ed Newton-Rox, who is ex-Stability AI and is a scout for the notoriously unconcerned a16z, calls for a stand against training on works without permission.

Ed Newton-Rox: message to others in generative AI: In 2024, please consider taking a stand against training on people’s work without consent. I know many of you disagree with me on this, and you see no reason why this is problematic.

But I also know there are many of you who care deeply about human creators, who understand the legal and moral issues at play, and who see where this is going if we don’t change course from the current exploitative, free-for-all approach being adopted by many.

To those people: I firmly believe that now is the time to act. There are many loud, powerful voices arguing for AI to be able to exploit people’s work without consequence. We need more voices on the other side.

There are lots of ways to take a stand. Speak out publicly. Encourage fairer data practices at your company. Build products and models based on training data that’s provided with consent. Some are already doing this. But we need more people to take up this effort.

AI company employees, founders, investors, commentators – every part of the ecosystem can help. If you believe AI needs to respect creators’ rights, now is the time to do something.

If everyone does what they can, we have a better chance of reaching a point where generative AI and human creators can coexist in a mutually beneficial way. Which is what I know many people in the AI industry want.

Yann LeCun, on the other hand, shows us that when he says ‘open source everything’ he is at least consistent?

Yann LeCun: Only a small number of book authors make significant money from book sales. This seems to suggest that most books should be freely available for download. The lost revenue for authors would be small, and the benefits to society large by comparison.

That’s right. He thinks that if you write a book that isn’t a huge hit that means we should make it available for free and give you nothing.

I do think that it would be good if most or even all digital media, and almost every book, was freely available for humans, and we found another means of compensation to reward creators. I would still choose today’s system over ‘don’t compensate the creators at all.’

The expected result, according to prediction markets, is settlement, likely for between $10 million and $100 million.

Is is unlikely to be fast. Polymarket says only a 28% chance of settlement in 2024.

Daniel Jeffries, despite calling the NYT case various forms of Obvious Nonsense, still expects not only a settlement, but one with an ongoing licensing fee, setting what he believes is a bad precedent.

If fully sincere all around, I am confused by this point of view. If the NYT case is Obvious Nonsense and OpenAI would definitely win, then why would I not fight?

I mean, I’m not saying I would be entitled to that much, and I’m cool with AIs using my training data for free for now because I think it makes the world net better, but hells yeah I would like to get paid. At least a little.

Giving in means not only paying NYT, it means paying all sorts of other content creators. If you can win, win. If you settle, it is because you were in danger of losing.

Unless, of course, OpenAI actively wants content creators to get paid. There’s the good reason for this, that it is good to reward creators. There is also the other reason, which is that they might think it hurts their competitors more than it hurts them.

Reid Southern and Gary Marcus illustrate the other form of copyright infringement, from Dalle-3.

Quite the trick. You don’t only get C-3PO and Mario, you get everything associated with them. This is still very much a case of ‘you had to ask for it.’ No, you did not name the videogame Italian, but come on, it’s me. Like in the MidJourney cases, you know what you asked for, and you got it.

MidJourney will not make you jump through such hoops. It will happily give you real people and iconic characters and such. There were pictures of it giving Batman and Wonder Woman without them being named, but given it will also simply give them to you when you ask, so what? If an AI must never make anything identifiably Mario or C-3PO, then that’s going to be a legal problem all around.

Jon Lam here thinks he’s caught MidJourney developers discussing laundering, but actually laundering is a technical term and no one involved is denying anything.

The position that makes little sense is to say ‘You cannot draw pictures of Mario’ when asked to draw pictures of Mario, while also drawing them when someone says ‘videogame Italian.’ Either you need to try a lot harder than that to not draw Mario, or you need to accept that Mario is getting drawn.

I also think it is basically fine to say ‘yes we will draw what you want, people can draw things, some of which would violate copyright if you used them commercially or at scale, so do not do that.’

The time I went to an Anime Convention, the convention hall was filled with people who had their drawings of the characters from Persona 5 for sale. Many were very good. They also no doubt were all flagrantly violating copyright. Scale matters.

Is the solution to all this compulsory license?

Eliezer Yudkowsky: All IP law took a giant wrong turn at the first point anyone envisioned an exclusive license, rather than a compulsory license (anyone can build on the IP without asking, but pays a legally-determined fee).

I think this is promising, but wrong when applied universally. It works great in music. I would expand it at least to sampling, and consider other areas as well.

For patents, the issue is setting a reasonable price. A monopoly is an extremely valuable thing, and we very much do not want things to be kept as trade secrets or worse to be unprotectable or not sufficiently rewarded. Mostly I think the patent core mechanisms work fine for what they were meant for. For at least many software patents, mandatory license seems right, and we need to cut out some other abusive side cases like tweaking to renew patent rights.

For copyright production and sale of identical or similar works, this is obviously a no go on first release. You can’t have knock-offs running around for everything, including books and movies. It does seem like a reasonable solution after some period of time, say 10-20 years, where you get a cut but no longer can keep it locked away.

For copyright production of derivative works, how would this work for Mario or C3PO? I very much think that Nintendo should not have to let Mario appear in your video game (let alone something like Winnie the Pooh: Blood and Honey or worse) simply by having you pay a licensing fee, and that this should not change any time soon.

Control over characters and worlds and how they are used needs to be a real thing. I don’t see a reasonable way to avoid this. So I want this type of copyright to hold airtight for at least several decades, or modestly past life of the author.

People who are against such control think copyright holders are generally no fun and enforce the rules too stringently. They are correct about this. The reason is in part because the law punishes you if you only enforce your copyright selectively, and partly because it is a lot easier to always (or at least by default) say no than to go case by case.

We should change that as well. We want to encourage licensing and make it easy, rather than making it more difficult, in AI and also elsewhere. Ideally, you’d let every copyright holder select license conditions and prices (with a cap on prices and limits on conditions after some time limit), that adjusted for commercial status and distribution size, hold it all in a central database, and let people easily check it and go wild.

Reminder that if people want to copy images, they can already do that. Pupusa fraud!

Copyright Confrontation #1 Read More »

ai-#44:-copyright-confrontation

AI #44: Copyright Confrontation

The New York Times has thrown down the gauntlet, suing OpenAI and Microsoft for copyright infringement. Others are complaining about recreated images in the otherwise deeply awesome MidJourney v6.0. As is usually the case, the critics misunderstand the technology involved, complain about infringements that inflict no substantial damages, engineer many of the complaints being made and make cringeworthy accusations.

That does not, however, mean that The New York Times case is baseless. There are still very real copyright issues at the heart of Generative AI. This suit is a serious effort by top lawyers. It has strong legal merit. They are likely to win if the case is not settled.

  1. Introduction.

  2. Table of Contents.

  3. Language Models Offer Mundane Utility. Entrepreneurial advice.

  4. GPT-4 Real This Time. What will we get in the coming year?

  5. Fun With Image Generation. MidJourney wants you to speak (creative) English.

  6. Copyright Confrontation. The New York Times versus OpenAI.

  7. Deepfaketown and Botpocalypse Soon. ChatGPT used to spot plagiarism? Good.

  8. Going Nuclear. Wait, you don’t want AI involved in nuclear safety?

  9. In Other AI News. Nancy Pelosi buys Nvidia options.

  10. Quiet Speculations. Will scaling LLMs lead to AGI? Dwarkesh Patel ponders.

  11. The UN Reports. UN says UN things, most of you can skip this.

  12. The Week in Audio. Shapira, Lebenz,Bloom and the Crystal Society audiobook.

  13. Rhetorical Innovation. They are building a religion. They are building it bigger.

  14. AI With Open Model Weights Is Unsafe and Nothing Can Fix This. Them too.

  15. Aligning a Human Level Intelligence is Still Difficult. Chinese alignment paper.

  16. Please Speak Directly Into the Microphone. Daniel Faggella.

  17. The Wit and Wisdom of Sam Altman. Mostly being rather wise recently. Also rich.

  18. The Lighter Side. A warning in song.

A game called Thus Spoke Zaranova where you have to pretend to be an AI, Tweet thread, design notes. Premise is of course rather silly, but is the game interesting or fun? I do not know.

In previous studies, we consistently find an equalizing effect from use of LLMs. High performers improve, but low performers improve a lot more.

Now we have a study that finds the opposite effect. Entrepreneurs in Kenya were given AI ‘mentor’ access via WhatsApp. High performers benefited, low performers were harmed.

There is a growing belief that scalable and low-cost AI assistance can improve firm decision-making and economic performance. However, running a business involves a myriad of open-ended problems, making it hard to generalize from recent studies showing that generative AI improves performance on well-defined writing tasks. In our five-month field experiment with 640 Kenyan entrepreneurs, we assessed the im-pact of AI-generated advice on small business revenues and profits. Participants were randomly assigned to a control group that received a standard business guide or to a treatment group that received a GPT-4 powered AI business mentor via WhatsApp.

While we find no average treatment effect, this is because the causal effect of generative AI access varied with the baseline business performance of the entrepreneur: high performers benefited by just over 20% from AI advice, whereas low performers did roughly 10% worse with AI assistance.

Exploratory analysis of the WhatsApp interaction logs shows that both groups sought the AI mentor’s advice, but that low performers did worse because they sought help on much more challenging business tasks. These findings highlight how the tasks selected by firms and entrepreneurs for AI assistance fundamentally shape who will benefit from generative AI.

The paper is sweet. It is alas short on concrete examples, so one cannot search for patterns and check on various hunches.

One hunch is that higher performing entrepreneurs know what the important questions and important details are, and also they face genuinely easier questions at the margin. Operating a business that is not going well is way harder than operating one that is working, the flip side being you could have massive low-hanging fruit. But trouble begets its own forms of trouble. And I suspect that most people in such situations do not turn in writing to others for help and get it, in ways that would make it into one’s training set. For them context becomes more important.

Also, there is a background level of skill required to understand what information is important to include, and to identify which parts of the LLM’s answer are likely to be accurate and useful to you. When the AI is giving you advice, you need to be able to tell when it is telling you to shoot yourself in the foot or focus on the wrong thing, or is flat out making things up.

So I suspect the task graph is not telling the central story. As they say, more research is needed.

Another clear contrast is that here the AI is being used as a mentor, to learn.

Whereas in other tasks, the AI is being used as more of an assistant and source of output.

An alternative source that helps do your work is an equalizing force. The consultants use GPT-4 to write a draft of the report. If you suck at writing drafts, that’s very helpful. If you are good at it, it is not as helpful.

A source of knowledge is different. Being able to be mentored, to learn, is a skill.

Help you write an award-winning science fiction novel? Journalism professor Shen Yang says yes. I do not know details, but my guess that Yang was central to the actual book and the AI should not get so much credit.

Draft a law?

A lawmaker in Porto Alegre, Brazil used the artificially intelligent program to draft a piece of legislation unanimously approved by fellow politicians last month.

The computer-drafted bill was presented by Councilman Ramiro Rosário, 37, who says there’s still a stigma surrounding the inclusion of AI tools in the political process.

“They [government colleagues] would never have signed it if they’d known,” Rosário told the Wall Street Journal of the “purposefully boring” bill, which was designed to stop a local water company from charging residents for new meters.

Usually, it would take days and numerous members of Rosário’s staff to draft such a laborious bill — but ChatGPT fired out the lengthy text in just 15 seconds.

Rosário believes the legislation is the first in the world to be fully crafted by the AI program.

He also predicts ChatGPT could spell doomsday for his public relations team. Case in point: the program drafted a press release for its law as well.

Justin Amash has suggested a rule that before you pass a bill you have to read the bill out loud. That might help.

Mostly in such cases, the ‘real’ bill is one sentence or paragraph of intent. The rest is implementation and required technical language. In theory it should be fine to use a program to translate from one to the other, and also back again. But this is not something you want to sometimes get wrong. So, for now at least? Check your work.

Emmet Shear keeps looking.

Emmet Shear: What’s the AI best tool where I ramble into a voice note and it turns my rambling into reasonable prose (eg removed ums or repeated words, adds punctuation, breaks up run on sentences, etc)

I don’t think you all understand what I mean by “ramble”. I mean just stream of consciousness dumping words as they come to mind. Turning it into sentences is not easy, I’ll interrupt myself repeatedly and sometimes with multiple layers of nesting.

Also most of these tools ppl recommend have like a 15 minute limit. What kind of rambling are you ppl doing?

Peter Yang: Look up Audiopen by @louispereira

Nicolas:

http://waveapp.ai

[$20/month for unlimited time] does recording summaries and will follow instructions in the recording too @waveappai

Those were the two he found promising. Adam Smith suggests prompts here for proper formatting.

If I was going to do more than 15 minutes of rambling, I would want not only repetitions removed and proper punctuation, but actual sorting of everything and logical interpretation. Otherwise does this really work?

What are the actually good tools? This is one of many places where it seems like a good tool would be valuable, but it has to be very good to be worth anything at all.

What do people want from GPT in 2024? Altman asked and got six thousand answers, he listed the top responses, which I’ve formatted as a numbered list.

Sam Altman: thanks a lot for these! some common requests:

  1. AGI (a little patience please)

  2. GPT-5

  3. Better voice mode

  4. Higher rate limits

  5. Better GPTs

  6. Better reasoning

  7. Control over degree of wokeness/behavior

  8. Video personalization

  9. Better browsing

  10. ‘Sign in with openai’

  11. Open source

Will keep reading, and we will deliver on as much as we can (and plenty of other stuff we are excited about and not mentioned here).

I am surprised ‘price cuts’ did not make the most wanted list.

Number ten here is interesting. Quite the sign of a Big Tech company in the making. If you sign in with OpenAI, what can then be integrated into the website? Can you give it permission to use your API key to enhance your experience? Can they mediate trusted data in both directions? Could get very interesting.

My number one mundane request isn’t on the list either. It is for better probabilities, estimation and guessing. GPT-4 is notoriously reluctant to engage in such activity right now even when explicitly asked to do so, which is super frustrating. Perhaps a GPT or a good prompt would do it, though.

I very much agree that the browsing could use an update. I would also like better GPTs, better reasoning (for mundane utility tasks, and up to a point) and especially control over degree of wokeness/behavior. Video personalization and voice mode aren’t my areas, but sure, why not, and maybe I’d use them if they improved. And of course everyone loves higher rate limits, although I’ve never actually hit the current one.

Then there are the other three requests.

You think you want AGI in 2024? Let me assure you. You do not want AGI in 2024.

Perhaps you will want AGI later, once we are ready. We are not ready.

Altman did not ask for patience on GPT-5. I expect to be fine with GPT-5 once it is properly tested, and I expect life to get better in many ways once that happens. But it definitely makes me nervous.

Then there’s Open Source. Of course Twitter is going to scream for it. They want OpenAI to give away its lead, believe open source does no wrong and don’t understand the dangers. Luckily I am very confident Altman knows better.

MidJourney 6.0 is clearly much better at following directions.

Eliezer Yudkowsky notes its progress at following specific prompts. He still plans to wait a few months for the next upgrade before really going to town, because it’s not quite where he’d like it to be, so even if it would work now, why rush it?

There are also lots of examples of very cool pictures with exquisitely rich detail. It’s pretty great. It is especially great at particular famous people.

It also rewards a different prompting style. Before you wanted a lot of keywords separated by commas. Now you want to use English.

Gwern: I haven’t gone back to curate it like usual, but a quick example of what I mean: ‘Capital letter “I”, blackletter (uncial), monochrome, Gene Wolfe, medieval historiated initial dropcap, typography, vampire, Dracula, historiated, aristocrat, cape, illustration –v 6.0’ 0/4 right

Gallabytes (MidJourney): this is very much not the optimal prompting style for v6 – recommend replacing tag spam with phrases describing what you want it to do. not 100% sure what you’re going for here but here’s my first guess. monochrome medieval historiated initial dropcap illustration of the letter “I” featuring Dracula.

The output still is not quite right on other details, but two out of four Is are perfect.

Some predictions worth noting.

Mimrock: No, it’s not. Overfitting is learning the noise in the training data and failing to generalize well. But MJ generalizes well. If you ask for a scene from a specific movie and you get a scene from that specific movie, it does not mean that the model cannot generalize the concepts.

Consider a hypothetical AGI-level LLM that, per definition, generalized so good on the data that it’s smarter than ever built. You ask for a paragraph from Harry Potter. It returns a paragraph from Harry Potter. It’s not overfitting is it?

In both cases, your ideal, perfectly generalized loss function is to give the user exactly what the user requests. And it fulfils that wish. And it can do it too when the request is NOT in the training set. So no overfitting.

Teortaxes: I repeat: the ML community has to reject the false consciousness frame where “overfitting” means “desired performance on tasks referencing training data points”. Notice Chomba chomping on the bullet. Leave elitists to their toy models and statistics lore, but inform the public.

Teknium: To further this – almost all LLM finetuning runs have big drops in loss at each epoch barrier after epoch 1, and @jeremyphoward has looked into this for us, and found it is memorization. However, that does not mean it doesn’t *alsobecome far better at all downstream tasks from multiple epochs on appropriate datasets

Gallabytes (MidJourney): This is not something I’ve observed in our training runs fwiw, no sharp drops at any point, just a smooth loss curve from start to finish. the only times I see sharp drops are during fine tunes where the weights rapidly adapt to the new task/dataset/whatever.

Teknium: It is thought that much larger (than finetune) datasets, and of course, 1epoch pretraining runs, would not be impacted by this phenomenon (or at such a smaller scale that it is not noticeable)

Gallabytes: yeah I think our datasets are too damn large for this kind of thing to happen. I also suspect it happens a lot less for diffusion than AR bc diffusion

1) has much less clean epochs (you see each piece of training data at several noise levels)

2) generally favors memorization less (I think?) due to the middle frequency bias (& maybe the denoising objective itself?)

It’s important imo that ~nobody does max likelihood diffusion, because it’s bad.

This is a pretty big factor in why I expect some kind of diffusion to eventually overtake AR on language modeling too. We don’t actually care about the exact words anywhere near as much as we care about the ideas they code for, and if we can work at that level diffusion will win.

It will probably keep being worse on perplexity while being noticeably smarter, less glitchy, and easier to control.

Sherjil Ozair: Counterpoint: one-word change can completely change the meaning of a sentence, unlike one pixel in an image.

Some complaints along similar lines are that MJ 6.0 is perhaps a little too good at following directions, recreating fictional worlds and replicating particular people and objects…

Reid Southen: I consider this a smoking gun for Midjourney’s flagrant copyright infringement. A 6-word prompt can replicate a Dune still nearly 1:1 every time. These aren’t variations, it’s the same prompt run repeatedly. Try it yourself. Merry Christmas Midjourney.

Note that these are not exact copies. They are very clear echoes, only small variants. They are not replicas. There are a number of examples, all of which are iconic. What is happening?

As discussed above, I believe this is not overfitting. It is fitting. It is a highly reasonable thing for a powerful model to do in response to exactly this request.

It is only overfitting if you see these particular things bleed into answers out of distribution, where no one asked for or wanted them. I have not seen any reports of ‘it won’t stop doing the iconic thing when I ask for something else.’

This is not something that v6.0 will do for every picture. It will only (as I understand it) do this for those that ended up copied over and over across the internet, such as movie promotional pictures or classic shots. The iconic. Then you have to intentionally ask for the thing, rather than for something new. The prompts are simple exactly because the images are so iconic.

In which case, yes, most cases like this that it is working with do look very similar to the original, so the results will look like the original too. It seems likely MidJourney will need to actively do something to intercept or alter such prompts.

If you ask for something else, you’ll get something else.

One must notice that this does not actually matter. Why would you use an image generator to generate a near copy of an image that you can easily copy off of the internet, a capability you will have in 100% of such cases? Why would it matter if you did? Don’t you have anything better to do?

That is not to dismiss or minimize the general issue of copyright infringement by image models. Under what conditions should an image model be allowed to train off of images you do not own? Who should have veto power? What if anything do you owe if you do that? How do we compensate artists? What restrictions should we place if any on creation or use of AI generations?

Those and others are questions first our courts, and ultimately our society, must answer. The ability to elicit near copies of iconic movie stills should not even make the issue list.

The New York Times, once again imitating Sarah Silverman, finally officially sues Microsoft and OpenAI for copyright infringement. Somehow they took their paywall down for this article. They are the first major company to do this. The Times expects the case to go to the Supreme Court.

That seems like the right procedure. The two Worthy Opponents can battle it out. Whatever you think should be the copyright law, we need to settle what the copyright law actually says, right now. Then we can decide whether to change it to something else.

So what is the NYT’s case?

Cecilia Ziniti: The historic NYT v. @OpenAI lawsuit filed this morning, as broken down by me, an IP and AI lawyer, general counsel, and longtime tech person and enthusiast.

Tl;dr – It’s the best case yet alleging that generative AI is copyright infringement.

First, the complaint clearly lays out the claim of copyright infringement, highlighting the ‘access & substantial similarity’ between NYT’s articles and ChatGPT’s outputs.

Key fact: NYT is the single biggest proprietary data set in Common Crawl used to train GPT.

The right plaintiff. The right argument. Much better to say ‘your outputs copy us’ than ‘your inputs come from us.’

The visual evidence of copying in the complaint is stark. Copied text in red, new GPT words in black—a contrast designed to sway a jury. See Exhibit J here.

How did the Times generate that output?

I quickly looked. The complaint does not say exactly how they did it, or how how cherry-picked this response was. In general, how do you get a verbatim (or very close) copy of a Times article? You explicitly ask for it.

If you can get normal NYT passages this closely copied without any reference to The New York Times, without any request to quote an article, then I would be pretty surprised.

In a handful of famous cases, there seems to be an exception. Exactly as in the MidJourney examples, why are we seeing NYT article text almost exactly (but not quite) copied anyway in some cases? Because it is iconic.

Kevin Bryan: NYT/OpenAI lawsuit completely misunderstands how LLMs work, and judges getting this wrong will do huge damage to AI. Basic point: LLMs DON’T “STORE” UNDERLYING TRAINING TEXT. It is impossible- the parameter size of GPT-3.5 or 4 is not enough to losslessly encode the training set.

Ok, now let’s see NYT examples. Here GPT spits out almost perfectly the opening paragraphs of a “snow fall” article from 2012. But this text is all over the internet – super famous article! That’s why GPT’s posterior predictions given the previous article paragraph are so good.

Likewise, in the famous Guy Fieri Times Square review, GPT repeats almost perfectly whole paragraphs. But these paragraphs have also been repeated dozens of times across the internet! That’s why the LLM posterior probability next word distribution picks them up.

And of course, as suggested above, for less-famous articles, if you ask an LLM to try to reproduce it, they will hallucinate the text. The NYT complains about this too, saying the *wrongtext credited to them is also bad because it misleads readers.

In practice, one can think of this as ChatGPT committing copyright infringement if and only if everyone else is committing copyright infringement on that exact same passage, making it so often duplicated that it learned this is something people reproduce.

My take? OpenAI can’t really defend this practice without some heavy changes to the instructions and a whole lot of litigating about how the tech works. It will be smarter to settle than fight.

This presumes that The New York Times is in a settling mood and will accept a reasonable price, in a way that sets a precedent that OpenAI can afford to pay out for everyone else. If that was true, then why were things allowed to get this far? So I presume that the two sides are pretty far apart. Or that NYT is after blood, not cash.

🦸 NYT is a great plaintiff. It isn’t just about articles; it’s about originality and the creative process. Their investigative journalism, like an in-depth taxi lending exposé cited in the complaint, goes beyond mere labor—it’s creativity at its core.

But here’s a twist: copyright protects creativity, not effort. While the taxi article’s 600 interviews are impressive, it’s the innovation in reporting that matters legally. By the way, this is a very sharp contrast with the suit against GitHub Copilot, which cited only a few lines of code that were open source.

❌ Failed negotiations suggest damages for NYT. OpenAI’s already licensed from other media outlets like Politico.

OAI’s refusal to strike a deal with NYT (who says they reached out in April) may prove costly, especially as OpenAI profits grow and more and more examples happen. My spicy hypothesis? OpenAI thought they could get out of it for 7 or 8 figures. NYT is looking for more and an ongoing royalty.

I think this is not all that spicy a hypothesis. Seems rather likely. I am sure, given they paid Politico, that OpenAI would settle with the New York Times if there was a reasonable offer on the table. Why take the firm risk? Why not be in business with the Times and set a standard? Because NYT is looking for the moon.

😈 The complaint paints @OpenAI as profit-driven and closed. It contrasts this with the public good of journalism. This narrative could prove powerful in court, weighing the societal value of copyright against tech innovation. Notably, this balance of good v evil has been at issue in every major copyright case – from the Betamax case to the Feist finding telephone books not copyrightable. The complaint even mentions the board and Sam Altman drama.

I would be careful if I was the Times. Their reputation and that of journalism and legacy media in general is not what it once was. ChatGPT provides a lot more value to more people than it is taking away from a newspaper. I am also amused by the Streisand Effect here, where Toner’s paper is now being quoted exactly because it was used as part of a boardroom fight.

What harm is being done to the New York Times? Yes, there were times when ChatGPT would pull entire NYT articles if you knew the secret code. But those codes become invalid if a lot of people use them, so the damage will always be limited.

The flip side is that the public is very anti-AI, and most people aren’t using ChatGPT.

🚫 Misinformation allegations add a clever twist. The complaint pulls in something people are scared of – hallucinations – and makes a case out of it, citing examples where elements of NYT articles were made up.

🍊 Most memorable example? Alleging Bing says the NYT published an article orange juice causes lymphoma.

Seems pretty flimsy to me. Yes, hallucinations happen, but that’s not copyright, and I find it hard to believe the NYT reputation is in any danger here. They are welcome to try I suppose but I would have left this out.

Especially because, well, here’s how you get Bing to say that…

In general, I find it unwise to combine good arguments with bad arguments.

💼 Another interesting point: NYT got really good lawyers. Susman Godfrey has a great reputation and track record taking on tech. This isn’t a quick cash grab like the lawsuits filed a week after ChatGPT; it’s a strategic legal challenge.

The case could be a watershed moment for AI and copyright. A lot of folks saying OpenAI should have paid. We’ll see! What’s at stake? The future of AI innovation and the protection of creative content. Stay tuned.

As usual, open source people think they should not have to pay for things or obey the rules. They believe that they are special. That somehow the rules do not (or should not) apply to them. Obviously, they are mistaken.

Tyler Benster: While OpenAI can afford to pay copyright holders like the NYTimes, the Open Source movement cannot. Huge hazard if the courts determine that the mere act of training on copyrighted materials is infringement. A good outcome might narrowly punish generating copyright infringement.

Peter Wildeford: I really don’t understand why people feel entitled to steal other people’s stuff in the name of AI development and open source. It’s not the fault of the NYT that you want their work but don’t want to pay for it. The NYT is not meant to be free!

I get the claim that it is not ‘stealing’ because it is not a rival good and the marginal cost is zero. In a better world, things like The New York Times would be freely available to all, and would be supported via some other mechanism, with copyright only existing to prevent other types of infringement. We do not live in that world.

What is ultimately the right policy? That depends on what you care about. I see good reasons to advocate for mandatory licensing at reasonable prices the way we do it in music. I see good reasons to say it is up to the copyright holder to name their price. I even see good reasons for setting the price to zero, although I think that is clearly untenable for our society if applied at scale. We need a way to support creators.

Some disgree. Other creators, the creator (of open source software) disregards.

Quantian: Critical support to OpenAI in their progressive struggle against the predatory, upwardly-redistributive, and anti-growth patent and copyright laws of America. Do NOT fall for Disney Corp psyops here, no matter how sympathetic the starving Tunblr artist they prop up to make it!

Remember when Google digitized every book that exists and was going to make them available for a tiny fee, and then publishers sued and forced them to delete it instead of accepting billions of dollars of free money? Now is the chance to strike back! You may never get another!

I mean… yes?

Google said ‘I am going to take your intellectual property and give it away for free on the internet without your permission.’

That is… not okay? Quite obviously, completely, not okay?

No, it is not ‘free money’ if the price is universal free access to your product? That is a lot more like ‘we sell the rights to all our products, forever’?

The world would be a better place if Google were to pay the publishers and writers so much money that they were happy to make the deal, and then all the books were available online for free. That does not mean that Google’s offer was high enough.

You need a way to support creators. You need to respect property.

Ideally we find a way that works for all, both for books and for data.

Early action says if this does not settle then NYT will likely win. I think that’s the wrong question, though? What matters is the price.

Defense, on the offensive?

Steven McGuire: Here’s the part where Harvard’s lawyers suggested that the plagiarism complaint against Claudine Gay was generated by ChatGPT:

NY Post: Lawyers for Harvard and its president Claudine Gay tried to dismiss allegations she was a plagiarist as having been created by “ChatGPT.”

They sent a 15-page legal tirade to The Post which launched a bizarre conspiracy theory that the 27 instances in which her work appeared to closely resemble that of other academics may have been uncovered by using Microsoft’s artificial intelligence chatbot.

“Indeed, there are strong indications that the excerpts cited by The Post were not in fact the ‘complaints’ of a human complainant — but rather were generated by artificial intelligence or some other technological or automated means,” wrote Thomas Clare and David Sillers in their Oct. 27 letter to The Post.

“If these indications are correct, and the ultimate source of these examples is an algorithm-generated list created by asking ChatGPT to (for example) ‘show me the 10 most similar passages in works by Claudine Gay to other scholarly works’ it is no ‘complaint’ at all,” the letter continued.

An objection letter could scarcely be more self-damning. Why does it matter what search method identified the claimed plagiarism? Either the passage is the same, or it is not. If ChatGPT is hallucinating, check both sources and prove it, and that will be the end of that. If both check out, what are you complaining about? That you got caught?

Patrick McKenzie: “LLMs hallucinate a lot” to “If ChatGPT and a law firm retained by Harvard squarely disagree about the contents of Harvard scholarly articles well ehh could go either way really, got to check the archives.” went quicker than expected.

That’s the thing. If you hallucinate 50% of the time, but you find the answer 50% of the time, and I can verify which is which and take the time to do that, then that is a highly useful search method.

Patrick McKenzie: My antenna are twinging a little bit that tech is likely to be negatively surprised if one of the takeaways from the plagiarism fracas is that “We wouldn’t have needed to see a colleague/peer suffer professional injury but for that %*%*ing LLM.”

There is a non-zero risk that Power will wake up quickly in response to basically nothing (that is really adjacent to something) in the same way that Power had a completely boneheaded read of Cambridge Analytica.

The real existential risk from AI, power might decide, is that people might be able to discover all the crime power has been doing and all the lies it has been telling. In which case, well, better put a stop to that little operation.

Also, does this give anyone else an idea?

Bryne Hobart: When you’ve definitely tried asking ChatGPT to (for example) “show me the 10 most similar passages in works by Claudine Gay to other scholarly works” [shows the letter from above]

One difference between lawyers and tech people is that tech people are more likely to understand how LLMs work and what their capabilities are, but a more important difference is that tech people are more likely to test a claim about a technology before making it.

I asked the question right and how have what looks like a decent plagiarism-detection script. Anyone know where I can get a large set of academic articles in plain text (including indications of block quotes, of course)? Ideally with author name as metadata.

If, as many of her defenders claim, Gay’s offenses are a case of ‘everyone does it all the time’ then we have the technology to know, so let’s test that theory on various top scholars.

There are three possibilities.

If this is not actually something that ‘happens to the best of them’ then that should be conclusive evidence. Presumably it would be insane to then allow her to remain President of Harvard.

If this is actually something that ‘happens to the best of them,’ if indeed everyone is doing it, then one must ask, is this the result of inevitable coincidences and an isolated demand for crossing every T and dotting every I, or is it that much or most of academia is constantly committing plagiarism?

If we decide this is not the true plagiarism and is essentially fine, then we should update the rules to reflect this, including for students, make it very clear where the line is, and then decide how to deal with those who went over the new line.

If we decide that this indeed the true plagiarism, and it is not fine, then we will need some form of Truth and Reconciliation. Academia will require deep reform.

Whether or not we have the technology now, we will have it soon. The truth is out there, and the truth will be getting out.

More coverage of the fact that the President of Harvard seems to have done all the plagiarism, this fact is now known and yet she remains President of Harvard will likely be available in the next Childhood and Education roundup, likely along with a reprise of this section.

Last week I noted with some glee that Microsoft was using a custom LLM to help it write regulatory documents for its nuclear power plants. I thought it was great.

Andrew Critch and Connor Leahy do not share my perspective.

Andrew Critch: Seriously? Is it too much to ask for AI to stay out of literal *nuclear safety regulatory processes*? Like, is this a joke? Someone please explain.

Connor Leahy: While the specific risks here are (probably, I’m no expert) low, I can’t help but find this grimly hilarious. The shamelessness, truly no dignity lol.

Yes. No. The process in question is bullshit paperwork.

My position remains closer to Alyssa’s here:

Alyssa Vance: Honestly don’t see a problem with this.

1) sounds like it’s only being used to write documents not run the plant 2) any issues likely come from capabilities not misalignment 3) limited consequences due to strong existing regulatory regime + accidents being local in scope

There is a big difference between ‘AI is used to run the nuclear power plant’ and ‘AI is used to file tens of thousands of pages of unnecessary and useless paperwork with the NRC.’ I believe this is the second one, not the first one.

If this indeed a huge disaster? Then that will be a valuable lesson, hopefully learned while we still have time to right the larger ship.

Nancy Pelosi buys call options on $5 million of Nvidia, expiration 12/20/24, her largest purchase in years. You know what to do.

Apple plans to enter the AI game, and wants to run the AI directly on iPhones rather than on the cloud, offering a paper called ‘LLM in a flash: Efficient LLM Interface with Limited Memory.’

As usual, my first thought is ‘why the hell would you publish that and let Google and Microsoft also have it, rather than use it.’

Getting a reasonable small distilled model, that will do ‘good enough’ practical inference relative to competitors, seems relatively easy. The hard part is making it do things that customers most value. That is much more of Apple’s department, so they definitely have a shot. One handicap is that we can be confident Apple will absolutely, positively not be having any fun. They hate fun more than Stanford.

Scott Sumner analyzes geography of the distribution of AI talent. The talent tends to migrate towards America despite our best efforts. It is always odd to pick what ‘talent’ means in such contexts. What is the counterfactual that determines your talent level?

Richard Ngo (OpenAI) points out that of course some AIs in the future will act as agents (like humans), some will act as tools (like software) and there will also be AI superorganisms, where many AIs run in parallel.

Richard Ngo spars with David Deutsch and others on Twitter over how to think about LLMs and their cognitive abilities.

This was another commentary on Ngo’s original statement:

Richard Ngo: “LLMs are just doing next-token prediction without any understanding” is by now so clearly false it’s no longer worth debating. The next version will be “LLMs are just tools, and lack any intentions or goals”, which we’ll continue hearing until well after it’s clearly false.

Francois Chollet: Unfortunately , too few people understand the distinction between memorization and understanding. It’s not some lofty question like “does the system have an internal world model?”, it’s a very pragmatic behavior distinction: “is the system capable of broad generalization, or is it limited to local generalization?”

Eliezer Yudkowsky: This [the above by Chollet] is legit wise. And it lies at the heart of realizing why a mind genuinely smarter than your own can have terrifyingly lower sample complexity than you. To it, you are the one who must go on memorizing a hundred facts where it would understand after two.

Only saying top post is wise, not whole thread.

Jeffrey Ladish: To keep breaking it down further. LLMs are pretty smart but in order to be that smart they have to be trained in a HUGE amount of data, cause they aren’t that able to generalize beyond what they’ve seen. Humans can generalize far more. At some point AGI will generalize far better.

And that’s freaking scary. Because they will also likely have the ability to synthesize just as much (and probably vastly more) data than current LLMs can. And will be able to get far more insight per data point than we can. Literally killer combination.

Arnold Kling speculates on future mundane utility, finds robotics, mentors, animations. I think this is keeping things too grounded.

Dwarkesh Patel ponders how likely it is scaling LLMs will lead to transformational AI, framed as a debate. He puts it at 70% that we get AGI by 2040 via straightforward scaling plus various algorithmic and hardware advances, about 30% that this can’t get there, which leaves 0% for it being able to get there but not by 2040. He notes things he doesn’t know about would likely shorten his timelines, which implies his timelines should be a little shorter via conservation of expected evidence.

The best argument for scaling working is that scaling so far (at least until, perhaps, very recently) has matched predictions of the ‘scaling will work’ hypothesis scarily well, whereas the skeptics mostly did not expect GPT-4.

The best argument against scaling working, from what I have seen, is the data bottleneck, both in terms of ‘you will run out of data and synthetic data might not work’ and ‘you will run out of data because your data is increasingly duplicative, and your synthetic data will be as well.’ Or perhaps it’s the ‘something genuinely new is difficult’ and yes Dwarkesh notes the FunSearch mathematical discovery thing from last week but I am not convinced it counts here.

He notes the question of Gemini coming in only at GPT-4 level. I also think it’s worth noting the host of GPT-3.5 level models stalling out there. And no, basically no one predicted it in advance, but there is indeed a certain kind of logic to what GPT-4-level models can and cannot do.

I think Dwarkesh’s 70% probability estimate is highly reasonable, if we count various forms of scaffolding and algorithmic innovations. It is in the range where I do not have the urge to bet on either side. Note that even if the 30% comes in, that does not mean that we can’t build AGI another way.

It is a crux for some people’s timelines. Not everyone’s, though.

Andrew Critch: Nope, not a crux! I predict “scaling” of data & compute consumption is not crucial to near-term AGI development. Without “scaling”, novel model architectures are probably adequate to get AGI soon. “Scaling” may also be adequate, but not a crux. +1 for covering the topic though 🙂

Usman Anwar: How soon are you talking about? Finding great general architectures is hard, a big chunk of ML research in 2010s was focused on finding better architectures and we only really made one significant discovery (transformers).

Andrew Critch: How soon? 2-6 years.

Paul Crowley (other thread): People ask whether AIs can truly make new discoveries or create new knowledge. What’s a new discovery or new knowledge you personally created in 2023 that an AI couldn’t currently duplicate?

Andrew Critch: People ask whether AI can “truly” “create new knowledge”. But knowledge is “created” just by inference from observations. There’s a fallacy going around that “fundamental science” is somehow crucially different, but sorry, AI will do that just fine. By 2029 this will be obvious.

I would bet against that 2-6 year timeline heavily if we knew scaling was not available.

I would consider betting against it without that assurance, but that would depend on the odds.

Yes, new knowledge is created by inference from observations. That does not mean that the ‘create new knowledge’ complaint is not pointing at a real thing.

NOTE: Most of you should skip or at most skim this section.

From the UN (source): “The possibility of rogue Al escaping control and posing still larger risks cannot be ruled out.”

That comes at point #70 in their full report.

Alas, no, this does not reflect them actually understanding existential risk at all.

Mostly they are instead the UN doing and pushing UN things:

Guiding Principles

The interim report identifies the following principles that should guide the formation of new global AI governance institutions:

  • Inclusivity: all citizens, including those in the Global South, should be able to access and meaningfully use AI tools.

  • Public interest: governance should go beyond the do no harm principle and define a broader accountability framework for companies that build, deploy and control AI, as well as downstream users.

  • Centrality of data governance: AI governance cannot be divorced from the governance of data and the promotion of data commons.

  • Universal, networked and multistakeholder: AI governance should prioritize universal buy-in by countries and stakeholders. It should leverage existing institutions through a networked approach.

  • International Law: AI governance needs to be anchored in the UN Charter, International Human Rights Law, and the Sustainable Development Goals.

That looks like seven steps to still not doing anything with teeth. Classic UN. They think that if they say what they would like the norms to be, people would follow them. And that policy needs to be ‘anchored in the UN charter, International Human Rights Law, and the Sustainable Development Goals.’

They emphasize that we should prioritize ‘universal buy-in.’ There is one and only one way your AI policy gets universal buy-in, and I do not think the UN would like it.

The UN’s entire existence (and all of human history) falsifies these and their other hypotheses.

That does not mean they cannot wishcast for worthwhile or harmful things, and maybe that would matter on the margin, so I checked out their full report.

It is what you would expect. Right off the bat they are clearly more worried about distributional effects than effects. Page three jumps to ‘the critical intersection of climate change and AI opportunity,’ which of course ignores AI’s important potential future impacts in both directions on the problem of climate change.

They are ahead of many, but clearly do not know what is about to hit them:

16. AI has the potential to transform access to knowledge and increase efficiency around the world. A new generation of innovators is pushing the frontiers of AI science and engineering. AI is increasing productivity and innovation in sectors from healthcare to agriculture, in both advanced and developing economies.

18. The AI opportunity arrives at a difficult time, especially for the Global South. An “AI divide” lurks within a larger digital and developmental divide. According to ITU estimates for 2023, more than 2.6 billion people still lack access to the Internet. The basic foundations of a digital economy — broadband access, affordable devices and data, digital literacy, electricity that is reliable and affordable are not there.

Constantly people talk about how it is a difficult time. Yet would not any time earlier than now have been clearly worse, and has this not been true for every year since 1945? And of course, if AI does arrive for real in a positive way (or a negative way, I suppose, for different reasons), the Global South will rapidly have far fewer worries about electricity or broadband access. Already they have less such concerns every year. Even if AI does not arrive for real, mobile phones work everywhere, and I continue to expect AI to reduce effective consumption inequality, in addition to that inequality having been rapidly falling already for a long time.

Here is how they view the risks, to be fair this is risks ‘today’ rather than future risks, but still it is a reminder of how the UN thinks and what it believes is important.

24. Along with ensuring equitable access to the opportunities created by AI, greater efforts must be made to confront known, unknown, and as yet unknowable harms. Today, increasingly powerful systems are being deployed and used in the absence of new regulation, driven by the desire to deliver benefits as well as to make money. AI systems can discriminate by race or sex. Widespread use of current systems can threaten language diversity. New methods of disinformation and manipulation threaten political processes, including democratic ones. And a cat and mouse game is underway between malign and benign users of AI in the context of cybersecurity and cyber defense.

The entire section makes it continuously clear they do not get it, that they see AI as a tool or technology like any other and are rolling out the same stuff as always.

30. Putting together a comprehensive list of AI risks for all time is a fool’s errand. Given the ubiquitous and rapidly evolving nature of AI and its use, we believe that it is more useful to look at risks from the perspective of vulnerable communities and the commons.

So close. And yet, wow, so far. Zero mention of existential risks in the risks section.

In other so close and yet so far statement news:

61. The extent of AI’s negative externalities is not yet fully clear. The role of AI in disintermediating aspects of life that are core to human development could fundamentally change how individuals and communities function. As AI capabilities further advance, there is the potential for profound, structural adjustments to the way we live, work, and interact. A global analytical observatory function could coordinate research efforts on critical social impacts of AI, including its effects on labour, education, public health, peace and security, and geopolitical stability. Drawing on expertise and sharing knowledge from around the world, such a function could facilitate the emergence of best practices and common responses.

Even in their wheelhouse of dreams, they fall short. Cannot rule out, really?

73. We cannot rule out that legally binding norms and enforcement would be required at the global level.

Tragedy as comedy. If only the risks were indeed clear to them, alas:

77. The risks of inaction are also clear. We believe that global AI global governance is essential to reap the significant opportunities and navigate the risks that this technology presents for every state, community, and individual today. And for the generations to come.

Liron Shapira on Theo Jaffee.

Nathan Lebenz on 80k hours. This was recorded a few weeks prior and discusses the OpenAI situation a lot, so a lot of it already looks a little dated.

Paul Bloom on EconTalk ostensibly asks ‘Can AI be Moral?’ and they end up spending most of their time instead asking whether and how humans can be moral. They do not discuss how one would make an AI moral, or whether we have the ability to do that, instead asking: If you did have the ability to get an AGI to adapt whatever morality you wanted, what would you want to do?

The book Crystal Society is now available in audiobook form, with AI voices playing various parts, here on YouTube and here on Spotify.

I believe that the people who say ‘this is our religion’ are doing a religion or cult, and the ones that don’t say that probably aren’t?

Lion Shapira: e/accs: AI doom is a religion. Also e/accs: “A recent convert to Eastern Orthodox Christianity, Doricko told me that he is driven by God to build.”

I’m getting ratio’d by quote tweets mostly saying “damn right this is our religion.”

Fine, but don’t try to say *I’mreligious. Some of us are just out here thinking rationally.

Your periodic reminder and attempted explanation that the Eliezer Yudkowsky position is not that he or any of his allies need to be in charge, but rather that it needs to be one or more humans in charge rather than an AI being in charge. He believes, and I agree with him, that many humans including the majority of those we argue against all the time have preferences such that they would give us a universe with value and that provides existing humans with value.

Troubling Mind: You seem to fear all power not in your hands. The neurosis of the totalitarian.

Eliezer Yudkowsky: I think there are many people in this Earth good enough that we could put unlimited power in their hands and get a great outcome, including among people who consider themselves my opposition. The problem is that the AI is none of them; we don’t know how to build that.

Also to be clear, in this Earth there is a problem of knowing *whothe good humans are. And if the power is not unlimited, it is harder for niceness alone to translate into good outcomes. I am not saying to throw away your voting machines, or even to dare to make them electronic.

There are definitely humans who, if entrusted with such power, would get us all killed or otherwise create a universe that I thought lacked value. Andrew Critch has estimated that 10% of AI researchers actively support AI replacing us. Some advocate for it on the internet. Others actively want to wipe out humanity for various reasons, or have various other alien and crazy views. Keep such people away from the levers of power.

But I believe that most people would, either collectively or individually, if given the power, choose – not only for themselves but for humanity as a whole – good things over bad things, existence over non-existence, humanity over AI, life over death, freedom over slavery, happiness over suffering.

We would likely disagree a lot on what is the good, but for their view of the good to still be good. There are impossibly difficult problems to navigate here. From our current situation, what matters most is ensuring that it is people who get to make those choices, rather than it being left to AI or various runaway dynamics that our out of our control. I am highly flexible on exactly which humans are choosing.

An attempted Eliezer Yudkowsky metaphor that didn’t really work due to its details.

What is the true division?

Michael Nielson: I wish I could talk to Neil Postman about AI: “the [decisive cultural] argument is not between humanists and scientists but between technology and everybody else” (from “Technopoly”).

HG Wells understood this (the Eloi and the Morlocks); Neal Stephenson (“In the Beginning was the Command Line”); Lawrence Lessig’s “Code is Law” is about it. And yet most of the fights *withintechnology ignore it.

The AI situation is different in the sense that most of the ‘everyone else’ has not yet paid any attention and don’t understand the problem, whereas many of those usually on the technology side have indeed noticed that this situation is different.

A central problem with discussions that involve the words ‘open source’ is that advocates of open source are usually completely unwilling to engage with the concept that their approach could ever have a downside.

Alas, it does have downsides, such as the inability to ever build meaningful safety into anything with open model weights.

The good news is that open source work continues to be very much behind the major labs, does not seem to be innovating beyond interpretive compute efficiency, and useful AGI development looks to require massive amounts of compute in ways that make it possible (at least in theory) to do it safely.

Anton: AGI is more likely to come out of someone’s basement (some mega-merge-hermes-4000) than a giant datacenter

Roon: i don’t think this is remotely true but it’s hard to fight open source copium because people act like you shot a dog or something.

But i want peoples beliefs to be well calibrated. I think open source research is significantly behind SotA (which is expected) and not actually exploring novel lines of research that the big companies hadn’t heard of (unexpected).

There’s been some really good work on edge computing which may enable some mem/compute efficient practical applications that weren’t otherwise possible but not on the hot path to AGI.

One thing I’m specifically disappointed about is the lack of innovation in post training outside of the big labs. Post training benefits from custom datasets and manpower more than it does from sheer compute so it’s a great place for OSS to explore

Quintus: not only is this impossible but it’s also good that it’s impossible, because the path to AGI should be traveled in the equivalent of a BSL-4 lab

Roon: Yes.

Sherjil Ozair (Responding to OP): Open source is an identity. Your statement is basically tantamount to racism.

[many examples of such copium throughout the threads.]

Roon emphasizes, I believe correctly, that open source efforts should be concentrating on the tasks where they have comparative advantage, which is post-training innovations. All this focus on training slightly more capable base models is mostly wasted.

Instead of trying to force new open models to happen, such builders should be figuring out how to extract mundane utility from what does exist, then apply their techniques to new models as they emerge over time. The ability to give the user that which the big labs don’t want to allow, or to give the user something specialized that the big labs do not have incentive to provide, is the big opportunity.

Where are all the highly specialized LLMs? Where are the improved fine-tuning techniques that let us create one for ourselves in quirky fashion? Where are the game and VR experiences that don’t suck? Build something unique that people want to use, that meets what customers need. You know this in other contexts. It is The Way.

Ethan Mollick (from earlier this month) talked about the widespread availability of 3.5-level models as ‘the AI genie is out of the bottle.

  • The AI genie is out of the bottle. To the extent that LLMs were exclusively in the hands of a few large tech companies, that is no longer true. There is no longer a policy that can effectively ban AI or one that can broadly restrict how AIs can be used or what they can be used for. And, since anyone can modify these systems, to a large extent AI development is also now much more democratized, for better or worse. For example, I would expect to see a lot more targeted spam messages coming your way soon, given the evidence that GPT-3.5 level models works well for sending deeply personalized fake messages that people want to click on.

I would say that 3.5-level AI is out of the bottle, and that in 2024 we will presumably see 4-level AI out of the bottle. The important genies will still remain unreleased, and the usual of superior proprietary models should make us worry a lot less.

I do my best not to quote Yann LeCun, but do note he was interviewed in Wired saying much that is not. He also seems to have painted himself into a corner:

Jamie Bernardi: This was a super useful rundown of Le Cun’s cruxes and responses in the Open Source debate.

~Q: With access to weights, terrorists can [do evil]?

Le Cun: “They would need access to 2,000 GPUs somewhere that nobody can detect, money and talent”

Daniel Eth: If this is his view, then it sounds like LeCun agrees that sometimes it’s good for people to face limitations in using intelligent machines? In which case, everything else is just haggling on price, and he can drop the ideological grandstanding.

Also, so much for open source AI implying AI is “democratized”. If open source AI means you still need talent, loads of compute, and so on to do [big evil things], then it’ll also inhibit the ability of regular people to use AI for other stuff. You can’t have it both ways

There are a few positions one can take. Here is a potential taxonomy. What did I miss?

  1. Terrorists could use AI to do evil.

    1. We will ensure they don’t get to do that.

      1. We will monitor compute and ensure that model weights are secured, then put in defenses against misuse.

      2. We will allow model weights to be released, then monitor use of compute sufficiently to prevent misuse.

      3. A good guy with an AI will stop the bad terrorist with an AI.

    2. That is the price of freedom. Your offer is acceptable.

    3. What? I’m a freedom fighter. Don’t put a label on me.

  2. Terrorists can’t use AI to do evil (that matters on the margin).

    1. Terrorists already could do evil and mostly don’t bother.

    2. Terrorists are bad at technology, they won’t know what to do.

    3. Terrorists will fail because technology is always good.

    4. A good guy with an AI will stop the bad terrorist with an AI.

It sounds like LeCun is trying to live in 1a(ii)? The terrorists with open model weights are not an issue because they need access to a lot of GPUs that no one can detect.

But that means far more monitoring of compute and GPUs and pretty much everything than exists today, in a far more stringent way than trying to prevent model training, with the threshold shrinking over time (why do you need 2k GPUs anyway even now?). What is the plan, sir?

Daniel’s point about ‘Democracy’ is also well put. Either you are willing to put the power of powerful AI into the hands of whoever wants it without controlling what they do with it, allowing them to remove all controls, or you are not. I too thought the whole point of open source and open model weights was that indeed that anyone could do it? That you needed a lot less resources and talent to do things?

The atom blaster points both ways. You either let people have one, or you don’t.

Have you tried telling AI companies ‘or else?’

I haven’t exactly noticed a torrent of utility coming out of China. He does link us to this paper.

Jacques: China told its companies, “solve alignment or we shut you down” and now we’re getting a bunch of ‘aligning language models’ papers from Chinese companies 😂

AK: Reasons to Reject? Aligning Language Models with Judgments

Papers page here.

Abstract:

As humans, we consistently engage in interactions with our peers and receive feedback in the form of natural language. This language feedback allows us to reflect on our actions, maintain appropriate behavior, and rectify our errors. The question arises naturally: can we use language feedback to align large language models (LLMs)?

In contrast to previous research that aligns LLMs with reward or preference data, we present the first systematic exploration of alignment through the lens of language feedback (i.e., judgment). We commence with an in-depth investigation of potential methods that can be adapted for aligning LLMs with judgments, revealing that these methods are unable to fully capitalize on the judgments.

To facilitate more effective utilization of judgments, we propose a novel framework, Contrastive Unlikelihood Training (CUT), that allows for fine-grained inappropriate content detection and correction based on judgments. Our offline alignment results show that, with merely 1317 off-the-shelf judgment data, CUT (LLaMA2-13b) can beat the 175B DaVinci-003 and surpass the best baseline by 52.34 points on AlpacaEval. The online alignment results demonstrate that CUT can align LLMs (LLaMA2-chat-13b) in an iterative fashion using model-specific judgment data, with a steady performance improvement from 81.09 to 91.36 points on AlpacaEval. Our analysis further suggests that judgments exhibit greater potential than rewards for LLM alignment and warrant future research.

To overcome the limitations mentioned in § 3, we propose Contrastive Unlikelihood Training (CUT), a novel fine-tuning framework to align LLMs with judgments. The central idea of CUT can be summarized as Learning from Contrasting.

Or, how about we actually say what is wrong with your answer, might be useful?

That is obviously a good idea. It has much higher bandwidth, and avoids a bunch of problems with binary comparisons. The question is how to do it. As usual with Chinese AI, I am skeptical that their benchmark results represent anything.

The implementation to try now seems obvious, if my understanding of the available training affordances is correct, and it does not seem to be what the paper does. As usual, this is a case of ‘I have no idea to what extent this has ever been tried or whether it would work, but it seems wise not to specify regardless.’

Daniel Faggella speaks directly into the microphone, advocates destruction of all value in the universe as measured by what I (and hopefully you) value.

He writes What I Wish Someone Had Told Me. It is short and good, so here it is in full.

  1. Optimism, obsession, self-belief, raw horsepower and personal connections are how things get started.

  2. Cohesive teams, the right combination of calmness and urgency, and unreasonable commitment are how things get finished. Long-term orientation is in short supply; try not to worry about what people think in the short term, which will get easier over time.

  3. It is easier for a team to do a hard thing that really matters than to do an easy thing that doesn’t really matter; audacious ideas motivate people.

  4. Incentives are superpowers; set them carefully.

  5. Concentrate your resources on a small number of high-conviction bets; this is easy to say but evidently hard to do. You can delete more stuff than you think.

  6. Communicate clearly and concisely.

  7. Fight bullshit and bureaucracy every time you see it and get other people to fight it too. Do not let the org chart get in the way of people working productively together.

  8. Outcomes are what count; don’t let good process excuse bad results.

  9. Spend more time recruiting. Take risks on high-potential people with a fast rate of improvement. Look for evidence of getting stuff done in addition to intelligence.

  10. Superstars are even more valuable than they seem, but you have to evaluate people on their net impact on the performance of the organization.

  11. Fast iteration can make up for a lot; it’s usually ok to be wrong if you iterate quickly. Plans should be measured in decades, execution should be measured in weeks.

  12. Don’t fight the business equivalent of the laws of physics.

  13. Inspiration is perishable and life goes by fast. Inaction is a particularly insidious type of risk.

  14. Scale often has surprising emergent properties.

  15. Compounding exponentials are magic. In particular, you really want to build a business that gets a compounding advantage with scale.

  16. Get back up and keep going.

  17. Working with great people is one of the best parts of life.

Such statements are Easy Mode talking about Hard Mode, but this is still an impressively good list. Very well executed, and it hits the sweet spot of speaking to his unique experiences versus what generalizes.

I could of course write a long post digging into the details and quibbles. One could likely do one for most of the individual points.

The biggest danger I would say comes from #8. There is a true and important version that often applies in business, where people often follow the procedure rather than doing what would work, and treat this as an excuse for failure. It is hugely important to avoid that. The danger is that the opposite mistake is also easy to make, where you become results oriented. Instead, you need the middle path, where you ask whether you played it right and made good decisions, what changes and improvements to that need to be made, and so on. It is tricky.

Also #12 is true as written but also often used as rhetoric by power and hostile forces, including folks like Altman, to get their way in a situation, so beware.

I’d also note #3 is, even more than the others, shall we say, not reliably true. The important thing is that it can be true, and it is far more true than most people think.

He notes:

Sam Altman: I love the feeling of writing something and being halfway through it and being sure that it is going to be GOOD.

This has not been my experience as a writer. I have suspected I have something good. I have known I am going to have something I think is good. That does not predict what others will think, or how well the piece will do. I think that this represents either overconfidence, or only caring about one’s own opinion. But all writers are different.

He offers his look back at 2023. He is master of the understatement.

Sam Altman: it’s been a crazy year. I’m grateful that we put a tool out in the world that people really love and get so much benefit from.

More than that, I am glad that 2023 was the year the world started taking AI seriously.

We have renewed focus on our mission to build safe AI that empowers people; we’ll have remarkable progress to share in 2024.

I’ve never felt better about our research/product plans, and I look forward to us focusing more on what governance for this technology might look like.

I am slowly making peace with being a public figure, which can be painful. I assume it will get more intense as our systems become much powerful and that’s ok. On the positive side, I have learned a lot this year.

There was a bunch of talk about the fact that Sam Altman is rich, and that as a rich person he buys things that cost of a lot of money.

AI Safety Memes: Why Is Sam Altman flashing a $480,000 watch and driving a $15 million sports car?

“Altman’s pricey watch collection is just one part of his ultra-luxurious lifestyle.”

“[Sam Altman] went on an 18-month, $85 million real estate shopping spree in recent years.

He was spotted driving a red McLaren F1 around northern California this month. A similar car was expected to sell for up to $15 million at auction in 2015.

Altman also reportedly owns a Lexus LFA racing car, one of which recently sold for $1.1 million at auction.”

“Altman posted a photo of the timepiece on the r/watches subreddit in May 2018, with a ❤️ emoji, and was spotted wearing the watch at a congressional hearing this year.

“Altman has also flaunted his more modest Patek Philippe Perpetual Calendar 1526, one of which sold at Christie’s for $106,250 in 2017.”

These are hints that suggest Sam Altman is not only rich, but that he may have what those in the gambling business call TMM, or Too Much Money.

Sam Altman: I somehow think it’s mildly positive for AI safety that I value beautiful things people have made. But if you’re just trying to dunk on me…sorry i have great taste. 💅

Max Rovensky: You did not just hit him with “me having expensive stuff is good for AI safety” lmao

The real estate seems excessive, but there is high value in having the right venues available when and where you want it. It lets you engineer events, meetings, communities. It gives you convenience and optionality. It matters. If I had billions, I can see spending a few percent on real estate.

The other stuff is more alien to me. I would be plowing that extra money into my fusion companies instead of buying 15 million dollar (admittedly cool) cars and 480 thousand dollar watches, but then again my taste tops out at much cheaper prices. Also I don’t drive and I don’t wear a watch. I do think the car represents good taste and buying an actual great experience. The watch I cannot judge but I find it hard to imagine what makes it substantially better than a $50k watch other than showing people how much you spent.

And yes. It is his money. He gets to spend it on what he thinks are Nice Things. Notice he also does some very effective large investments that I would take over almost all altruism, like his investments in fusion power and medical innovations.

You can of course criticize him for potentially getting everyone killed, but that is a different issue.

Does Altman enjoying nice things actively help a little with AI safety?

My Twitter followers say no.

I on the other hand say yes.

It is important for each of us to find value in the world. To have Something to Protect, and to have hope in the future. To care deeply about preserving what is great. To not feel the need to gamble it all on a game of pitch and toss, when you cannot then start over from the beginning, because no one will be around to not be told about your loss.

Of course, a fast car and an expensive watch are not first best choices for this role. Much better are people that you love. Coworkers and partners and friends help, there were an awful lot of heart emojis (who knows how sincere in various directions), and a spouse he loves is better still. It can be a complement, you want people you care about and for those people to have a future.

Ideal, of course, would be children.

There are some counterarguments around risk preferences or potential value misalignment.

The most common argument for negative impact, however, was essentially ‘this is a person who likes money and spends it, so they must want more money, which is bad’ and that this must be his motive at OpenAI. I think that is wrong, this does not provide substantial evidence that Altman needs more money. He can already afford such things without trouble. There are personal expenses that would strain him, I suppose, but he is showing he has better taste than that.

Finally, he asks about interest rates.

Sam Altman: ‘when the capitalists have run out of ideas, the interest rates will go to zero’ seemed like a very interesting observation to me over most of the last decade. but now i am interested in the inverse—when we have more and better ideas than ever before, what will happen to rates?

(though experiment: at what rate should you be willing to borrow money to build a data center if extremely powerful ai is close at hand?)

Karl Smith: 20%. [among many answers, I found this the most amusing.]

As Altman would no doubt affirm, ideas are cheap. What matters is implementation. Will we be allowed to implement those ideas in ways that deploy or at least generate a lot of capital? Or will AI enable this to happen?

If so, real interest rates should rise, although of course note Cowen’s Third Law, that all propositions about real interest rates are wrong.

In (economic) theory, we can say that expecting transformational AI, or transformational anything, should raise interest rates due to consumption smoothing, and also rise them because most such scenarios increase returns on investment.

I do not however think it is this simple. There are scenarios were capital becomes extremely valuable or necessary as our ability to profit from labor declines and opportunities open up, or people fear (or hope) that it will be so. The new ideas could require remarkably little total capital to implement, or the total amount of deployment available for capital could be small, or small relative to profits generated. Or, of course, things could change dramatically in ways that render these questions invalid before anyone knows what is happening.

I also expect most people to instead execute their existing habits and patterns with little adjustment until things are on top of them. Remember Covid, and people’s inability to adjust prices based on an incoming exponential, or the lack of price adjustments during the Cuban Missile Crisis.

What should you pay in interest to build a data center? Obviously we don’t have enough information. The answer depends on many things, including your confidence in the scenario. Most behaviors are very constrained by the need (or at least strong preference) of many to not fall over dead if one’s assumptions prove wrong.

One cost of borrowing or taking financial risk will always be opportunity cost. If I borrow or gamble now, I cannot borrow or gamble with those resources later while the transaction is outstanding. Always be a good trader, and remember the value of optionality.

A classic question that applies here is, do you expect to have to pay the money back, or care about that given the new situation? What is ‘powerful’ AI? Will data centers even be that valuable, or will the AI come up with superior methods and designs and render them irrelevant? And so on.

We got the Wall Street Journal writing about Sam Altman’s ‘knack for dodging bullets with a little help from bigshot friends.’ Was mostly old info, no important updates.

A warning in song.

AI #44: Copyright Confrontation Read More »

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NY Times copyright suit wants OpenAI to delete all GPT instances

Not the sincerest form of flattery —

Shows evidence that GPT-based systems will reproduce Times articles if asked.

Image of a CPU on a motherboard with

Enlarge / Microsoft is named in the suit for allegedly building the system that allowed GPT derivatives to be trained using infringing material.

In August, word leaked out that The New York Times was considering joining the growing legion of creators that are suing AI companies for misappropriating their content. The Times had reportedly been negotiating with OpenAI regarding the potential to license its material, but those talks had not gone smoothly. So, eight months after the company was reportedly considering suing, the suit has now been filed.

The Times is targeting various companies under the OpenAI umbrella, as well as Microsoft, an OpenAI partner that both uses it to power its Copilot service and helped provide the infrastructure for training the GPT Large Language Model. But the suit goes well beyond the use of copyrighted material in training, alleging that OpenAI-powered software will happily circumvent the Times’ paywall and ascribe hallucinated misinformation to the Times.

Journalism is expensive

The suit notes that The Times maintains a large staff that allows it to do things like dedicate reporters to a huge range of beats and engage in important investigative journalism, among other things. Because of those investments, the newspaper is often considered an authoritative source on many matters.

All of that costs money, and The Times earns that by limiting access to its reporting through a robust paywall. In addition, each print edition has a copyright notification, the Times’ terms of service limit the copying and use of any published material, and it can be selective about how it licenses its stories. In addition to driving revenue, these restrictions also help it to maintain its reputation as an authoritative voice by controlling how its works appear.

The suit alleges that OpenAI-developed tools undermine all of that. “By providing Times content without The Times’s permission or authorization, Defendants’ tools undermine and damage The Times’s relationship with its readers and deprive The Times of subscription, licensing, advertising, and affiliate revenue,” the suit alleges.

Part of the unauthorized use The Times alleges came during the training of various versions of GPT. Prior to GPT-3.5, information about the training dataset was made public. One of the sources used is a large collection of online material called “Common Crawl,” which the suit alleges contains information from 16 million unique records from sites published by The Times. That places the Times as the third most referenced source, behind Wikipedia and a database of US patents.

OpenAI no longer discloses as many details of the data used for training of recent GPT versions, but all indications are that full-text NY Times articles are still part of that process (Much more on that in a moment.) Expect access to training information to be a major issue during discovery if this case moves forward.

Not just training

A number of suits have been filed regarding the use of copyrighted material during training of AI systems. But the Times’ suit goes well beyond that to show how the material ingested during training can come back out during use. “Defendants’ GenAI tools can generate output that recites Times content verbatim, closely summarizes it, and mimics its expressive style, as demonstrated by scores of examples,” the suit alleges.

The suit alleges—and we were able to verify—that it’s comically easy to get GPT-powered systems to offer up content that is normally protected by the Times’ paywall. The suit shows a number of examples of GPT-4 reproducing large sections of articles nearly verbatim.

The suit includes screenshots of ChatGPT being given the title of a piece at The New York Times and asked for the first paragraph, which it delivers. Getting the ensuing text is apparently as simple as repeatedly asking for the next paragraph.

ChatGPT has apparently closed that loophole in between the preparation of that suit and the present. We entered some of the prompts shown in the suit, and were advised “I recommend checking The New York Times website or other reputable sources,” although we can’t rule out that context provided prior to that prompt could produce copyrighted material.

Ask for a paragraph, and Copilot will hand you a wall of normally paywalled text.

Ask for a paragraph, and Copilot will hand you a wall of normally paywalled text.

John Timmer

But not all loopholes have been closed. The suit also shows output from Bing Chat, since rebranded as Copilot. We were able to verify that asking for the first paragraph of a specific article at The Times caused Copilot to reproduce the first third of the article.

The suit is dismissive of attempts to justify this as a form of fair use. “Publicly, Defendants insist that their conduct is protected as ‘fair use’ because their unlicensed use of copyrighted content to train GenAI models serves a new ‘transformative’ purpose,” the suit notes. “But there is nothing ‘transformative’ about using The Times’s content without payment to create products that substitute for The Times and steal audiences away from it.”

Reputational and other damages

The hallucinations common to AI also came under fire in the suit for potentially damaging the value of the Times’ reputation, and possibly damaging human health as a side effect. “A GPT model completely fabricated that “The New York Times published an article on January 10, 2020, titled ‘Study Finds Possible Link between Orange Juice and Non-Hodgkin’s Lymphoma,’” the suit alleges. “The Times never published such an article.”

Similarly, asking about a Times article on heart-healthy foods allegedly resulted in Copilot saying it contained a list of examples (which it didn’t). When asked for the list, 80 percent of the foods on weren’t even mentioned by the original article. In another case, recommendations were ascribed to the Wirecutter when the products hadn’t even been reviewed by its staff.

As with the Times material, it’s alleged that it’s possible to get Copilot to offer up large chunks of Wirecutter articles (The Wirecutter is owned by The New York Times). But the suit notes that these article excerpts have the affiliate links stripped out of them, keeping the Wirecutter from its primary source of revenue.

The suit targets various OpenAI companies for developing the software, as well as Microsoft—the latter for both offering OpenAI-powered services, and for having developed the computing systems that enabled the copyrighted material to be ingested during training. Allegations include direct, contributory, and vicarious copyright infringement, as well as DMCA and trademark violations. Finally, it alleges “Common Law Unfair Competition By Misappropriation.”

The suit seeks nothing less than the erasure of both any GPT instances that the parties have trained using material from the Times, as well as the destruction of the datasets that were used for the training. It also asks for a permanent injunction to prevent similar conduct in the future. The Times also wants money, lots and lots of money: “statutory damages, compensatory damages, restitution, disgorgement, and any other relief that may be permitted by law or equity.”

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