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AI Didn't Break Copyright Law, It Just Exposed How Broken It Was

https://www.jasonwillems.com/technology/2026/02/02/AI-Copyright/
26•at1as•1h ago

Comments

sharkjacobs•17m ago
Most people in my social circles are various flavours of anti-AI, and it drives me crazy how many of them, who were once stridently anti-copyright, are now using copyright as one of the great pillars of AI opposition
HPsquared•13m ago
It serves to demonstrate that in most cases, "principles" are only a rhetorical device.
repelsteeltje•11m ago
I suppose both copyright and AI are problematic. And the article is thought provoking.
AlienRobot•10m ago
Everyone is anti-copyright until they understand what copyright means.

    In the matter of reforming things, as distinct from deforming them, there is one plain and simple principle; a principle which will probably be called a paradox. There exists in such a case a certain institution or law; let us say, for the sake of simplicity, a fence or gate erected across a road. The more modern type of reformer goes gaily up to it and says, "I don't see the use of this; let us clear it away." To which the more intelligent type of reformer will do well to answer: "If you don't see the use of it, I certainly won't let you clear it away. Go away and think. Then, when you can come back and tell me that you do see the use of it, I may allow you to destroy it."
happytoexplain•8m ago
Usually when I see this opinion (yours), it leans on an uncharitable coloring of everybody who sees problems with copyright as "anti-copyright", when really those people largely are happy with the concept of protecting an individual's work. I.e. it is the age-old "those people" argument, where "those people" are a made-up conglomerate of opinions that are real, but come from slightly different contexts and from different people, throwing away those variables to create the illusion of a hypocrite.
ares623•8m ago
Maybe they’re more anti-blatant-unequal-and-unfair-enforcement-of-copyright-law?
amarcheschi•8m ago
I feel a stark difference if people break the law to watch movies or if a company does it for profit
masklinn•7m ago
So people are pitting two foes against one another and that’s supposed to… be bad?
JoshTriplett•7m ago
I'm heavily anti-copyright. I don't think it should exist. However, as long as it exists, I want it to be applied consistently across the board: AI shouldn't get to use Open Source code while ignoring its license, until Open Source developers get to use proprietary code while ignoring its license. Ditto art, movies, books, etc.
candiddevmike•7m ago
Were they really 100% anti-copyright though? By and large, copyright is the reason most of us have a job and get paid. There are things that shouldn't necessarily be copyright-able like APIs, and copyright probably exists for too long in certain cases, but a world without copyright doesn't really work with our current economic model.
runarberg•7m ago
There is a difference between distributing pirated copies of popular media by already rich artists who you know get paid anyway, and the systematic art theft of AI machines who “create” new art based on artists works who may or may not have been paid for it, and definitely didn’t get credited.

Both are copyright infringements, but only the latter is art theft.

hackyhacky•5m ago
> Most people in my social circles are various flavours of anti-AI, and it drives me crazy how many of them, who were once stridently anti-copyright, are now using copyright as one of the great pillars of AI opposition

As the article has pointed out, it's not the principle that has changed, but the scale. Lots of things that are tolerable at small scale (e.g. lying, stealing) become disruptive to society at larger scale.

Copyright has been used in the past as a way for corporations to rent-seek and limit innovation. Now it may be the only legal means to stop them from doing that.

vibedev•13m ago
IMHO AI generated content should be treated the same way with how human generated content and I don't see the problem. However as with technology the problem is a bit different, e.g.: When subletting your apartment requires manual effort, this is not a problem. Automated, it became an industry and that's a huge headache. I think this is the key point where the derived work has unlimited possibility that they want to curb it early on. In a way it's a fair effort to keep human's competitiveness but may prove to be futile.
wtetzner•13m ago
> If you paint a picture of Sonic the Hedgehog in your living room, you are technically creating an unauthorized derivative work

Is this even true? It might violate a trademark, but I don't think it would violate copyright law unless it was a copy of an existing picture.

k__•11m ago
Yeah, in some countries private stuff isn't illegal at all.
masklinn•3m ago
I don’t believe there’s any country where derivative work is intrinsically illegal. The Berne convention considers them protected same as originals.
repelsteeltje•8m ago
LLMs are often framed as lossy compression, and surely converting some copyrighted Sonic the Hedgehog image from PNG to JPEG is considered copyright infringement, no?!
AlienRobot•6m ago
It's not true. You don't need "authorization" to create a derivative work. You do need a license to distribute copyrighted works, including derivatives. And this only matters when you are distributing it to a sizable audience.

For example, if you rent a movie, you can watch it with your family. Nobody is going to sue you for distributing the movie with 5 people in your room. That's pure nonsense. Same with music, books, etc.

If you try to play the movie in an establishment with dozens of people, then it can become a problem, because you're essentially a theater now.

I'm not a lawyer so I don't know what the law is on selling fan art on a convention or even privately commissioned fan artwork. But things aren't as draconian as people assume it is.

realusername•12m ago
Personally I feel that the excessive duration of copyright just weakens authors arguments against AI.

If even WWII-era documents are still under copyright, building a model respecting that would be impossible.

JoshTriplett•4m ago
> If even WWII-era documents are still under copyright, building a model respecting that would be impossible.

"We can't do this legally, so we should be allowed to ignore the law."

If you can't build a model while respecting licenses, don't build a model.

(I don't want copyright to exist, at any duration, and I certainly think it should be much shorter than it is. As long as it exists, AI should not get any exception to it.)

klustregrif•11m ago
Copyright infringement use to be the absolute worst crime imaginable if you asked the tech industry, that is until they started doing it themselves at scale and now they are claiming it’s the law that’s broken, it’s crazy.
amarcheschi•9m ago
I think you can replace copyright with whatever the law <insert big company here> wants to break

Last but not least, generating csam and deep fakes porn on social medias and having to see it called free speech

Spivak•3m ago
Hollywood sure, publishers sure, but tech? Where? The pro piracy open source p2p distribution people?
falloutx•6m ago
Basically a rage bait. If the law was bad, does it make it okay to violate it? In fact Anthropic is literally paying $1.5B on the copyright settlement, that indicates its completely a settled issue that AI companies have been violating this law. Some have been caught and fined, others are been lucky or that influence over the government.

> Copyright Law Was Built for Human Scale

No where in the law it has this kinda scoped limits. It has a time limit and scale doesnt not matter. Scale matter in a way that its gets harder to enforces buts that not the fault of copyright law. If you steal at a big scale, its still stealing.

at1as•3m ago
> Basically a rage bait. If the law was bad, does it make it okay to violate it? In fact Anthropic is literally paying $1.5B on the copyright settlement, that indicates its completely a settled issue that AI companies have been violating this law. Some have been caught and fined, others are been lucky or that influence over the government.

Yes, but they were found not liable for copying the books they purchased. They were found liable for the books they torrented.

The former is something publishers still want to address

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https://manualdousuario.net/en/ai-industry-doesnt-take-no-for-an-answer/
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