Those claiming AI training on copyrighted works is “theft” misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they’re extracting general patterns and concepts - the “Bob Dylan-ness” or “Hemingway-ness” - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in “vector space”. When generating new content, the AI isn’t recreating copyrighted works, but producing new expressions inspired by the concepts it’s learned.
This is fundamentally different from copying a book or song. It’s more like the long-standing artistic tradition of being influenced by others’ work. The law has always recognized that ideas themselves can’t be owned - only particular expressions of them.
Moreover, there’s precedent for this kind of use being considered “transformative” and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it’s understandable that creators feel uneasy about this new technology, labeling it “theft” is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn’t make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
We don’t know exactly how they source their data (and that is definitely shady), but if I can gain access to a movie in a legal way, I don’t see why I would not be able to gather statistics from said movie, including running a speech to text model to caption it, then make statistics of how many times a few words were used, and followed by which ones. This is an oversimplified explanation of what a LLM does, but it’s the fairest I can come up, and it would be legal to do so. The models are always orders of magnitude smaller than the data they are trained on.
That said, I don’t imply that I’m happy with the state of high tech companies, the AI hype, the energy consumption, or the impact on the humble people. But I’ve put a lot of thought into this (and learning about machine learning for real), and I think this is not a ML problem, but a problem in the economic, legal and political system. AI hype is just a symptom.