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Cake day: June 15th, 2023

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  • Imagine you were asked to start speaking a new language, eg Chinese. Your brain happens to work quite differently to the rest of us. You have immense capabilities for memorization and computation but not much else. You can’t really learn Chinese with this kind of mind, but you have an idea that plays right into your strengths. You will listen to millions of conversations by real Chinese speakers and mimic their patterns. You make notes like “when one person says A, the most common response by the other person is B”, or “most often after someone says X, they follow it up with Y”. So you go into conversations with Chinese speakers and just perform these patterns. It’s all just sounds to you. You don’t recognize words and you can’t even tell from context what’s happening. If you do that well enough you are technically speaking Chinese but you will never have any intent or understanding behind what you say. That’s basically LLMs.


  • Just because something is available to view online does not mean you can do anything you want with it. Most content is automatically protected by copyright. You can use it in ways that would otherwise by illegal only if you are explicitly granted permission to do so.

    Specifically, Stack Overflow licenses any content you contribute under the CC-BY-SA 4.0 (older content is covered by other licenses that I omit for simplicity). If you read the license you will note two restrictions: attribution and “share-alike”. So if you take someone’s answer, including the code snippets, and include it in something you make, even if you change it to an extent, you have to attribute it to the original source and you have to share it with the same license. You could theoretically mirror the entire SO site’s content, as long as you used the same licenses for all of it.

    So far AI companies have simply scraped everything and argued that they don’t have to respect the original license. They argue that it is “fair use” because AI is “transformative use”. If you look at the historical usage of “transformative use” in copyright cases, their case is kind of bullshit actually. But regardless of whether it will hold up in court (and whether it should hold up in court), the reality is that AI companies are going to use everybody’s content in ways that they have not been given permission to do so.

    So for now it doesn’t matter whether our content is centralized or federated. It doesn’t matter whether SO has a deal with OpeanAI or not. SO content was almost certainly already used for ChatGPT. If you split it into 100s of small sites on the fediverse it would still be part of ChatGPT. As long as it’s easy to access, they will use it. Allegedly they also use torrents for input data so even if it’s not publicly viewable it’s not safe. If/when AI data sourcing is regulated and the “transformative use” argument fails in court and if the fines are big enough for the regulation to actually work, then sure the situation described in the OP will matter. But we’ll have to see if that ever happens. I’m not holding my breath, honestly.




  • No, the intent and the consequences of an action are generally taken into consideration in discussions of ethins and in legislation. Additionally, this is not just a matter of ToS. What OpenAI does is create and distribute illegitimate derivative works. They are relying on the argument that what they do is transformative use, which is not really congruent with what “transformative use” has meant historically. We will see in time what the courts have to say about this. But in any case, it will not be judged the same way as a person using a tool just to skip ads. And Revanced is different to both the above because it is a non-commercial service.


  • It’s definitely not “draconian” to make enshittification illegal. But you don’t regulate the turning-to-shit part. You regulate the part where they offer a service for free or too cheap so that they kill the competition. This is called anti-competitive and we supposedly address it already. You also regulate what an EULA can enforce and the ability of companies to change the EULA after a user has agreed to it. Again, these concepts already exist in law.

    We’ve essentially already identified these problems and we have decided that we need to address them, but we been ineffective in doing so for various reasons.