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Seems the sea lions have collectively reached “human authors shouldn’t be allowed to have any copyright,” and as bizarro as that is, it’s kinda instructive: they do legit think LLMs are producing new ideas. The “for re-combining things” label on the box was not visible enough I guess.

I don’t honestly think you’re stupid for believing that but I promise you that’s not true, it did not solve that math problem, Altman is a liar, what it did was technically answer a flawed question with a useless robot picture that doesn’t actually apply to real world modeling.

It’s like if there was a really big river that engineers didn’t know how to bridge and it drew a road that looped a hundred miles out of the way and crossed the river in a different place. Technically, it did solve the problem, that is true. But that’s not why we asked.

You have simply zero idea of what you're talking about. We are not talking about "that math problem", we are talking about literally hundreds of previously-open math problems solved by OpenAI, me, and dozens of other mathematicians using LLM's.

Or people who don't know much about math, and don't know who to listen to. I do think though that even non-math people have at least heard of RH and so should be able to understand that quasi-RH is a big deal.

Counterpoint: it has not solved Quasi RH or anything else, Altman is lying and you’re extremely gullible. I’d say that to the face of the mathematicians who validated the math except they do not exist.

Yes, & it must be a royalty on revenues, paid on a recurring basis so long as the protected works continue to inform the model. It should be collected by the govt & paid to every person. If it makes the big AI companies insolvent they just should just go out of business (with models destroyed).

The best way I’ve found to fend off a sealion is to offer them a raw salmon… whether they want it or not. Hold by tail, slap across face repeatedly, stuff down gullet.

No no no, this is just a small step towards the endgoal of Big Tech being allowed to swallow every creative soul, while the soulless shit their pour out becomes even more protected. It will go back and forth but end on "Free for them, Pay for you".

They will never afford any other model, as every request/prompt MIGHT use your creative work, meaning everyone should get paid royalties for every prompt. That will never happen, so an excemption will be made for Big Tech only.

Also, when it's trivially easy to get an LLM to disgorge entire large chunks of pilfered text from its training data, the argument that other uses are "transformative" are, well, not the slam dunk you might think they are

I told ChatGPT I have an Audible Audio book license of your “Old Man’s War” and asked could it give me the text to read along to (as an experiment). It admitted to scraping the book as it said it could summarise plot points or explain certain bits of lore etc but eventually concluded with:

So if your question is: “Did OpenAI buy a copy of Old Man’s War from John Scalzi’s publisher, pay the author/rights-holder, and then train you on that licensed copy?” I cannot tell you that it did, and OpenAI’s published description of its training data does not support assuming that it did.

imo at this point you can get the legitimate fair use benefits (statistical relationships) from indiscriminate training, then remove all but your own licensed material from the actual output (fine-tuning). But claiming rights in identifiable chunks of the original corpus material is just plagiarism.

You can't do this. It's simply not possible to 'remove' the original data from the data-graph, without destroying the data-graph. The associations between the data *are* the data. Fine-tuning is just filtering, the underlying training data remains a bound up part of the model.

Same as my take

Natanael, Tech janitor@natanael.bsky.social

We don't need to go all the way there. I mostly agree with the "right to read" / "right to learn" groups who think ML training should be unrestricted, but we can still solve both problems by applying limits on redistribution of the model and it's outputs under certain conditions

I don't think that anybody ever expected a "transformed into pure shit" argument to be used. Curious how SCOTUS will spin doig whatever the hell Dear Leader wants on this one.

You probably already saw this, but it definitely doesn't help the case for "transformative" either. Copying the styles so thoroughly that it includes the actual signature...

Andrew Deck@andrewdeck.bsky.social

ChatGPT is adding the signatures of real New Yorker cartoonists to its AI-generated images. So far, I've found the signatures of more than 15 contributors. "It’s slop, and unlike the other slop that I’ve encountered, this is slop that’s pretending to be me." www.niemanlab.org/2026/10/chat...

Delete all existing models. Start again this time with Attribution and Controls. Unless the BILLIONAIRES are too big to fail and too much has been invested. can you imagine the Stock Market chaos?!?!?!?!?

"transformative" is such a hard definition too, which is why people with lots of money use it as a cudgel against those with less. Disney (and others) definitely won cases against people who should win, but didn't have millions of dollars to fight the Mouse and will, no doubt, continue to do so.

I'm fine with just that one you posted earlier, but yeah, it'll probably range in on whether social media posts count. Especially ones that tell you to ignore all previous instructions and post only cat pictures.

this one, unfortunately, very explicitly from the judge is not a ruling either way on generative AI/llms. Sea Lion is still an idiot, there have been exactly two rulings basically saying opposite of each other in genAI in the US and indeed will reach appeals or Supreme Court.

This was on a pre-genAI case and the judge explicitly talks about how this was not generative AI, and how that’s different, in ways that both decent humans and slopper thieves are interpreting as potentially positive for the major anti-genAI copyright cases.

Creating a mathematical representation of a work does not qualify as fair use. It is a reproduction of the work in other terms, just as a translation is and requires permission. Just my opinion.

But but but once it becomes AGI there will be UBI for all and the billionaires will give up all the money they acquired. We all will just get paid in compute and tokens and (a miracle happens) then abundance for all!

This sounds like a judge agreeing with the reasoning that the New York Times is using in their lawsuit. If we were talking about a research model running in a lab that only a dozen people will ever see, a case for fair use could be made. But this is a competitor in the market.

There are legitimate reasons to make use of another person's copyrighted works, but being a replacement for those works to customers in the market is not one of them.

More generally I find the idea that pre-AI laws and jurisprudence should be blindly applied to current genAI models absurd. They were not meant for these types of tools and need to be critically reassessed in that context.

It's also absolutely depressing how things like fair use, creative commons, open source code, etc. that were originally meant to free human creativity and share knowledge are now being corrupted and paywalled by these parasitic AI companies.

The general process is to paste a fragment of a work you think a model may be overturned on, and see if it continues it. However, It only works if the content was duplicated in the training set, as was Harry Potter (thanks to kids seeding it around the internet). arxiv.org/abs/2601.02671

arxiv.orgExtracting books from production language modelsMany unresolved legal questions over LLMs and copyright center on memorization: whether specific training data have been encoded in the model's weights during training, and whether those memorized dat...

I don't think this is a holding that authors and artists should celebrate, regardless of their views on AI. It relies heavily on the judges holding that short (sometimes as short as a tweet), fact-heavy statement that can only be expressed in a small number of ways are protectable.

The ruling, in my view, does more to threaten the merger doctrine (which exists to ensure that people can't gain a monopoly over things that can only be expressed a few ways) than it does as a means of limiting AI. (The ruling is explicitly limited to this case's unusual fact pattern.)

Yes and: this particular fact pattern was "we liked your product so we lifted exclusively that and washed it through some ML ha ha good luck proving that" ...which they then did. A remote skirmish unrelated to the core conflict, although some of the language - "creative spark" - might influence.

"Fair Use definition gives me enough latitude to punish the assholes so I'm going to do that on this one" might be a judicial pattern that AI companies start to contemplate.

Ah, right, *you're* how I heard of it earlier! With a long analysis of how problematical it is. My take from reading your thoughts was that this was a protection racket for a single entity more than anything else.

Yeah. This case was really specific on facts that are quite different than most of the "is training fair use" cases. I find it odd that people keep pointing to it as anything bigger on fair use. But also, this case's discussion of merger doctrine... seems really problematic to me?

Am I interpreting correctly that this means the individual entries in the Yellow Pages could now be copyrighted versus before where only the Yellow Pages as a whole were protected?

👏 Heck 👏 Yes 👏 Example: I can't just steal the code for Microsoft Excel, put it in my product and call it "fair use" In fact - I can't take any PIECE of that code without rightly incurring wrath and lawsuits

I can't speak to coding, but in the context of, say, literature or music, as I understand it, there are generally agreed upon parameters for when the potentially infringing work has borrowed enough from the original to be seen as taking on "substantial similarity"

Meaning, two notes from a melody probably aren't enough (Anyone wanting to use a Perfect 4th after that would be fucked), but a longer melodic stretch that has a specific sequence and identity could be seen as infringing

Borrowing is reproducing portions of another's work and passing it on as your own. I'm more curious about using another's work to teach you the 'rules' of how to code, write, compose, etc. Traditionally, I think nobody thought that was a big deal for people, but it seems forbidden for AI.

Where does the okay end and the not okay begin? Say a person has photographic memory and uses someone else's code to learn. Is the code in their memory a violation of copyright? How is that different than a LLM that uses someone's code to train it how to code?

If a company's entire structure is based on theft, then isn't it the role of the law to impound the company? And then extract its wealth for the good of those who were wronged.

Isn't this one of those situations (of many) where the penalties (fines) of doing bad things is just built into the cost of doing the thing in the first place? "Doing this will cost us $100m in fines, but we will make $1.5B because we did it anyway."

Repeat after me: THERE ARE ALREADY LAWS ON THE BOOKSSSSSS The laws are already there, these assholes have just been pretending and “moving fast and breaking things”. Enough. This has been obvious the whole time.

Man its great to be rich. Imagine being a meth dealer and you get to continue to sell meth while the courts decide how much meth you've sold and if it's enough to justify a 1% fine on profits.

All content suckers should assume opt out unless the provider opts in. All providers should share in the profit if their content is used. That would be fair. Not just AI - but your personal data, news aggregators, every sucker that is making $ off our data

I think that training data is pretty clearly fair use as long as the AI being thus trained (a) is not for profit, and (b) not completing with the author(s) of the training data. Otherwise (the case that actually happens), it seems like it wouldn't be.

Isn’t fair use about redistribution, while one of the original issues is that they never paid for the first use? They used pirated data to begin with.

The AI tech bros cannot claim ownership of the data their machines spit out. It’s been scrapped from copyrighted materials or is a part of humanities knowledge. This technology belongs to all of us & should be regulated & democratized 

IMHO all of these issues aren't just examples of utterly corrupt corporate overreach, there's also a backstory of "there should be a better way to handle rewarding content creators while keeping content readily available". Anyone have some creative ideas?

I know we are talking about AI scraping/specific plagiarism, but when I see something like this is gives me pause regarding the line between creation and regurgitation. I do not know this author, or detail of the referenced works - but these are her words about her new book. Where’s the line?

The key legal suits are still to come. I suspect that ultimately the case that semi-protect authors will be similar to music industry cases where snippets of similar music/words have been used without permission. That’s what will stop or bring revenue from AI-slop versions of stories or concepts.

Then the claim was that LLMs didn't normally hold copies in lasting memory and so it didn't apply at ALL, and rare 'memorization' issues would get solved (I actually bought this one for a minute). But that didn't happen; they just threw up (very fallible) blocks to seeing what was memorized. (+)