You don't sign an EULA saying you can't do those things because scanning then distributing is already prohibited by copyright. The way to start a license war is to keep the status quo of these companies being able to ingest and essentially reproduce human work for free. One of my big worries about AI is that it will accelerate companies locking everything down and hoarding their own data.

In Spain books include a copyright notice explicitly prohibiting reproduction and digitalization and alluding to article 270 of the Spanish criminal code.

The old rules were built on based on old capabilities and and old reality which no longer exists.

When I buy a patented product I don't sign an EULA that says I can't manufacture and sell a copy, but I still can't manufacture and sell a copy.

Of course you don’t, because it’s not the EULA that enforces the copyright. Copyright law is what enforces the EULA. It’s right there in the fact it’s a Licensing Agreement.

Copyright quite literally protects the act of copying or reproducing a work protected by copyright. And you are technically entering into something akin to an end user licensing agreement when you buy a book, the only difference being that the EULA is incorporated into law on an international basis through reciprocal copyright treaties.

So if scan a book you are making a copy. In some copyright jurisdictions this is allowed for individuals under a private copying exception - a copyright opt out, if you like - but the important thing is private use. In some jurisdictions there is also a fair use exception, which allows you to exploit the rights protected by copyright under certain circumstances, but fair use is quite specific and one big issue with fair use is that the rights you are exploiting cannot result in something that competes with the original work.

Other acts restricted by copyright include distribution, adaptation, performance, communication and rental.

So if you copy a book, digitize it, and write a program to analyze the word frequencies it contains you may, in some jurisdictions but not all, be allowed to do this.

If you’re doing it locally on your own machine you are simply copying it. If you do it in the cloud you are copying it and communicating the copy. If you copy it, analyze it and train an AI model on it that could be considered fair use in certain jurisdictions. Whether the outputs are adaptations of the training data is a matter of debate in the copyright community.

But importantly if you commercialise that model and the resulting outputs compete with the copyright protected material you used to train, your fair use argument may fail.

So when you buy a book you are actually party to what is effectively a licence granted by the copyright holder, albeit it to the publisher. But as the end user of the book you are still restricted in what you can do with that copyright protected work, through a universal end user licence encoded in law.

The law has always been able to recognize a distinction between Hunter S. Thompson reading Ernest Hemingway and learning from his style and a billion GPUs reading a billion books to be able to produce it on demand. It takes time for the law to catch up to the technology but it will.

Perhaps it's that the transaction for you, an individual not explicitly profiting from the work, should be treated differently than a corporation using a work solely to profit from it.

The problem isn’t the reading. The problem is the output based on somebody’s other work.

There is a reason why we call it styles, because it’s a recognizable pattern someone came up with maybe after decades of work.

It is not an individual buying the book but a corporation, with the purpose of being able to create imitations of it, and all other books.

> is so absurd that it will probably genuinely burn down the entire global economy if paid.

Where did you get that idea. Global economy is ~200T/year PPP. 0.1% of that split across every artist you want the training data from would be insanely difficult for the vast majority of them to turn down. Which makes sense as art isn’t that big a percentage of the global economy compared to say housing, food, medical care, infrastructure, military spending etc.

Obviously the incentive to take without compensation is far more appealing, but that doesn’t mean it was impossible to make a reasonable offer.

> The cumulative license fees required to properly compensate all artists is so absurd that it will probably genuinely burn down the entirety of global economy if paid.

That's kind of an interesting concept: "since the scale of my transgression was so big, I should get away with it scot-free."

"If it took all the fossil fuel on Earth" What do you mean? To TRAIN an LLM model it takes roughly the same amount of energy as to raise a person, so it's not even really expensive in energy costs.

No I didn't. It's use in a software product without my permission. That's never been allowed.

Just because you obfuscate what's happening by calling it "learning" and pretending your model is actually just looking at pictures the same as a human, doesn't make it true.

> But including your art in the training data is fair use

The four factors of fair use in the US:

> the purpose and character of your use

Commercial, for-profit. Not scholarship, not research, not commentary, not parody, etc.

> the nature of the copyrighted work

Absolutely everything. Artistic, creative, not purely factual.

> the amount and substantiality of the portion taken, and

All of it, from everyone.

> the effect of the use upon the potential market.

Directly competing with those whose data was copied.

Fair use by most standards? Which standards are those? I don't think a standard about training an AI on billions of images exists.

No precedent has been set when it comes to training and fair use

Which case decided that?

> But including your art in the training data is fair use

It shouldn't be!

I'd love to see copyright abolished. As long as it continues to exist, however, AI should not get an exemption; that would directly advantage a few large companies over everyone else, giving them a special privilege to violate licenses that nobody else gets.

Do we really want the entire world to be endlessly full of cookie-licking rent seekers who demand profit every time anyone does anything? Because they failed to capture the value they created, and thus demand a piece of the pie from those who are better at capturing value?

The starving artists I know would be extremely happy to get even one cookie to lick. I know an artist prodogy that paints on canvas and has work in a sizable gallery, at least one institution patron, and is constantly hosting paid workshop events. He architected and built his own custom 40ft ceiling pine art house covered in beautful stained wood and arches, with large metal cuttings and engravings of wild horses on the railings. This artistic prodigy is still starving and works as a handyman/construction worker part-time. He is strongly opposed to AI, by the way.

Most artists are "starving artists"; there are extremely few artists that can support themselves by their creations alone. Many artists make no money at all, and many artists seem to work or create alone as individuals, meaning that they almost always lack the funds or community resources to protect their creative work.

> Do we really want the entire world to be endlessly full of cookie-licking rent seekers who demand profit every time anyone does anything?

No, far better that we have four rent-seekers who gobble up everything that anyone is naive enough to share with the world, then turn around to demand profit in order to keep up with the new pace of the world that they’ve created.