Internet and e-mail policy and practice
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07 May 2023

Can large language models use the contents of your web site? Copyright Law
Large Language Models (LLM) like GPT-4 and its front end ChatGPT work by ingesting gigantic amounts of text from the Internet to train the model, and then responding to prompts with text generated from those models. Depending on who you ask, this is either one step (or maybe no steps) from Artificial General Intelligence, or as Ted Chiang wrote in the New Yorker,
ChatGPT Is a Blurry JPEG of the Web. While I have my opinions about that, at this point I'm considering what the relationship is under copyright law between the input text and the output text. Keeping in mind that I am not a lawyer, and no court has yet decided a LLM case, let's take a look.

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  posted at: 13:17 :: permanent link to this entry :: 0 comments
Stable link is https://jl.ly/Copyright_Law/llmcopy.html

14 Apr 2023

Is there any hope for Controlled Digital Lending, and should there be? Copyright Law

The Internet Archive has for several years run a program they call Controlled Digital Lending (CDL.) The Archive takes physical paper books, scans them, puts the books in storage, and then lends out the scans, with each scan lent to only one person at a time. Their theory is that the scans are equivalent to the books, so what they're doing is the same as when a library lends physical books.

Not surprisingly, book publishers don't like this since they have their own idea about how e-books work. In 2020 several publishers sued, and on March 24 the court ruled quite firmly in favor of the publishers and said there is no such thing as CDL. While there was a lot not to like about the plaintiffs, and there are certainly reasons to want CDL to exist in some form, this decision reminds us that wishful thinking is not a substitute for legal research. What we think the law should say, or wishes it said, is not what it actually says. It also reminds us yet again why copyright law is such a poor fit for digital materals.

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  posted at: 11:37 :: permanent link to this entry :: 0 comments
Stable link is https://jl.ly/Copyright_Law/nocdl.html

22 Mar 2023

Spam filtering and social media moderation are the same thing Email

CDA Section 230 has been called ``The 26 Words that Created the Internet''. While it is obvious how Sec 230 protects the World Wide Web, it is equally important for e-mail.

A recent Pennsylvania court case emphasizes this point. Dr. Thomas, a professor at the Univeristy of Pennysylvania forwarded an article about another professor Dr. Monge to an online e-mail discussion list. Dr. Monge claimed the article was defamatory and sued Dr Thomas, the university, and many others. But since neither Dr Thomas, nor the university were the author of the article, under Sec 230 they were quickly dismissed from the case. This is good news for anyone who (like me) runs mailing lists for other people. If we were legally responsible for everything anyone said on a list, the number of lists would be a whole lot smaller.

But Sec 230 doesn't just protect mailing lists. It also protects spam filtering, and on the modern Internet, mail without filtering would be unusable.

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  posted at: 21:30 :: permanent link to this entry :: 0 comments
Stable link is https://jl.ly/Email/sec230spam.html

11 Jan 2023

Who owns the copyright on stuff that an AI writes? Copyright Law

We hear that the widely touted ChatGPT can do a respectable job writing high school essays, malware ransom notes, and the like. When it writes a document, who owns the copyright?

An acquaintance asked ChatGPT for its advice and unsurprisingly it suggested updating copyright law to give special recognition to material written by AI software. (Tomorrow I plan to ask an herbalist if I should use more herbs.)

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  posted at: 23:16 :: permanent link to this entry :: 1 comments
Stable link is https://jl.ly/Copyright_Law/notai.html

29 Nov 2022

Portable social media accounts, good idea, not going to happen Internet
The usually perceptive Tim Harford has a column in the current Financial Times complaning that since he can move his phone number from one carrier to another, why can't he move his social media account from Twitter to Mastodon. If only it were that simple.

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  posted at: 21:46 :: permanent link to this entry :: 0 comments
Stable link is https://jl.ly/Internet/notport.html

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