Apparently, stealing other people’s work to create product for money is now “fair use” as according to OpenAI because they are “innovating” (stealing). Yeah. Move fast and break things, huh?
“Because copyright today covers virtually every sort of human expression—including blogposts, photographs, forum posts, scraps of software code, and government documents—it would be impossible to train today’s leading AI models without using copyrighted materials,” wrote OpenAI in the House of Lords submission.
OpenAI claimed that the authors in that lawsuit “misconceive[d] the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”
If you ask an LLM to help you with a legal brief, it’ll come up with a bunch of stuff for you, and some of it might even be right. But it’ll very likely do things like make up a case that doesn’t exist, or misrepresent a real case, and as has happened multiple times now, if you submit that work to a judge without a real lawyer checking it first, you’re going to have a bad time.
There’s a reason LLMs make stuff up like that, and it’s because they have been very, very narrowly trained when compared to a human. The training process is almost entirely getting good at predicting what words follow what other words, but humans get that and so much more. Babies aren’t just associating the sounds they hear, they’re also associating the things they see, the things they feel, and the signals their body is sending them. Babies are highly motivated to learn and predict the behavior of the humans around them, and as they get older and more advanced, they get rewarded for creating accurate models of the mental state of others, mastering abstract concepts, and doing things like make art or sing songs. Their brains are many times bigger than even the biggest LLM, their initial state has been primed for success by millions of years of evolution, and the training set is every moment of human life.
LLMs aren’t nearly at that level. That’s not to say what they do isn’t impressive, because it really is. They can also synthesize unrelated concepts together in a stunningly human way, even things that they’ve never been trained on specifically. They’ve picked up a lot of surprising nuance just from the text they’ve been fed, and it’s convincing enough to think that something magical is going on. But ultimately, they’ve been optimized to predict words, and that’s what they’re good at, and although they’ve clearly developed some impressive skills to accomplish that task, it’s not even close to human level. They spit out a bunch of nonsense when what they should be saying is “I have no idea how to write a legal document, you need a lawyer for that”, but that would require them to have a sense of their own capabilities, a sense of what they know and why they know it and where it all came from, knowledge of the consequences of their actions and a desire to avoid causing harm, and they don’t have that. And how could they? Their training didn’t include any of that, it was mostly about words.
One of the reasons LLMs seem so impressive is that human words are a reflection of the rich inner life of the person you’re talking to. You say something to a person, and your ideas are broken down and manipulated in an abstract manner in their head, then turned back into words forming a response which they say back to you. LLMs are piggybacking off of that a bit, by getting good at mimicking language they are able to hide that their heads are relatively empty. Spitting out a statistically likely answer to the question “as an AI, do you want to take over the world?” is very different from considering the ideas, forming an opinion about them, and responding with that opinion. LLMs aren’t just doing statistics, but you don’t have to go too far down that spectrum before the answers start seeming thoughtful.