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euphronius
Feb 18, 2009

Btw clean room implementations which is what I guess the tweet is getting at only protects against copyright infringement on software and not patents

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Harold Fjord
Jan 3, 2004
You are selling the algorithm but you didn't have to use disney content in any identifiable way that's just you being a dummy. Give Mickey a tiny dick

Foxfire_
Nov 8, 2010

euphronius posted:

Btw clean room implementations which is what I guess the tweet is getting at only protects against copyright infringement on software and not patents

Also trademark. You can't sell sneakers with a Nike-esque swoosh even if you've never seen their logo in your life.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
If your computer draws mickey mouse and you commercialize it, the mouse is gonna loving sue you and win.

owlhawk911
Nov 8, 2019

come chill with me, in byob

euphronius posted:

I mean economic worth

I recognize the value of each of the million monkeys as a soul on this earth worthy of love and acceptance

thank you for clarifying

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

ultrafilter posted:

I ran into this tweet while cleaning out my bookmarks and that's an interesting question. Any takers?

https://twitter.com/SwiftOnSecurity/status/1225145117780140037

While euphronius and others have hit the highlights, the key point here (borrowing from patent infringement as analogy, which is exactly what happened in Sony Betamax) is that the machine learning model has "no substantial non-infringing uses"; all it does is produce content that infringes Disney's copyrights. Accordingly, selling the machine learning model is contributory copyright infringement and you are hosed.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Do the monkeys have spearguns

Bad Munki
Nov 4, 2008

We're all mad here.


Phil Moscowitz posted:

Do the monkeys have spearguns

Eventually, one might accidentally fashion one from typewriter parts, so let’s say yes.

Leperflesh
May 17, 2007

Also you aren't selling an AI that makes Disney cartoons because even leaving aside the lawsuits, how many customers are you going to find? 14 hours after you sell the first copy, someone's going to crack it and start spamming AI-generated Disney cartoons onto Youtube and all the underground copyright-theft video sites etc. and who the gently caress is going to actually pay you to make unlicensed Disney cartoons to compete with people doing it for free?

Here's a better one: I create a machine learning AI that generates lawsuits, and also it's self-replicating, and it covers its court fees by mining bitcoin on people's Ring doorbells and Internet of Things thermostats and toasters. Will any nation or state manage to regulate them before they effectively DDOS every courtroom in the world?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Leperflesh posted:

Also you aren't selling an AI that makes Disney cartoons because even leaving aside the lawsuits, how many customers are you going to find? 14 hours after you sell the first copy, someone's going to crack it and start spamming AI-generated Disney cartoons onto Youtube and all the underground copyright-theft video sites etc. and who the gently caress is going to actually pay you to make unlicensed Disney cartoons to compete with people doing it for free?

Here's a better one: I create a machine learning AI that generates lawsuits, and also it's self-replicating, and it covers its court fees by mining bitcoin on people's Ring doorbells and Internet of Things thermostats and toasters. Will any nation or state manage to regulate them before they effectively DDOS every courtroom in the world?

I have DRM on my copyright infringer thank you very much.

Platystemon
Feb 13, 2012

BREADS

ultrafilter posted:

I ran into this tweet while cleaning out my bookmarks and that's an interesting question. Any takers?

https://twitter.com/SwiftOnSecurity/status/1225145117780140037

(I think the short answer to this and other related questions is that law and AI will be a very exciting field to be in for the next decade or so.)

The trained machine is itself a derivative work.

Papa Was A Video Toaster
Jan 9, 2011





Anybody with copyright familiarity? Repost from CC small questions thread:

TVsVeryOwn posted:

I'm trying to put together my first business card for mainly VJing, but I guess general special events. I just came up with an idea, but I'm not sure where this takes me with regard to copyright and trademark infringement.
My name is Sol (pronounced Saul), so I figured some cool graphics on the front with " 's All Good Man Productions" and then the rear would be a sendup of Saul Goodman's card (clearly stating somewhere that I am not a lawyer) with the text "Better Call Sol" and my contact info.

AlbieQuirky
Oct 9, 2012

Just me and my 🌊dragon🐉 hanging out

Platystemon posted:

The trained machine is itself a derivative work.

This is certainly the direction that the legal department at my husband’s employer goes. The training corpus is itself somebody’s intellectual property, after all.

Guy Axlerod
Dec 29, 2008

TVsVeryOwn posted:

Anybody with copyright familiarity? Repost from CC small questions thread:

If you generate the business card with machine learning then it's ok.

Kalman
Jan 17, 2010

AlbieQuirky posted:

This is certainly the direction that the legal department at my husband’s employer goes. The training corpus is itself somebody’s intellectual property, after all.

It’s not at all clear that this is the case, though - the legal department is doing risk management, but it’s not at all certain that the rightsholder for training data has any claim on the output of a model. Open question and one with much current debate both as a matter of current law and as a matter of what ought to be.

euphronius posted:

If you had a million monkeys type for a million years and they, eventually, come up with “the corrections” by Jonathan Franzen you still could not sell it

Ignore the million years and the lapse of copyright

This, on the other hand, is completely wrong. Independent creation is a defense in copyright; to prove copying you need to prove both similarity *and* access. Most frequently comes up in the music context.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I know next to nothing about IP and copyright...so if somebody in Madagascar or whatever can prove they never heard WAP or There’s Some Whores In This House and did a beat by beat production of WAP, they could sell it?

evilweasel
Aug 24, 2002

Phil Moscowitz posted:

I know next to nothing about IP and copyright...so if somebody in Madagascar or whatever can prove they never heard WAP or There’s Some Whores In This House and did a beat by beat production of WAP, they could sell it?

Yes.

Leperflesh
May 17, 2007

how can you prove you've never heard a song tho

Devor
Nov 30, 2004
Lurking more.

Leperflesh posted:

how can you prove you've never heard a song tho

Step one would be, avoid being an opening act for the group that's going to sue you for infringement

https://en.wikipedia.org/wiki/Taurus_(instrumental)

euphronius
Feb 18, 2009

Kalman posted:

It’s not at all clear that this is the case, though - the legal department is doing risk management, but it’s not at all certain that the rightsholder for training data has any claim on the output of a model. Open question and one with much current debate both as a matter of current law and as a matter of what ought to be.


This, on the other hand, is completely wrong. Independent creation is a defense in copyright; to prove copying you need to prove both similarity *and* access. Most frequently comes up in the music context.


My example was very precise and not wrong

Edit

No wait thinking about it it is wrong

euphronius fucked around with this message at 01:12 on Sep 11, 2020

Kalman
Jan 17, 2010

Leperflesh posted:

how can you prove you've never heard a song tho

You don’t need to prove you never heard it, they need to prove you have (or in practice that you could plausibly have heard it). Bunch of recent cases on this where you get random no name songwriters suing claiming that major label releases were ripped off of their works; also a set of screenwriter lawsuits where they claim their slop script was read and used to make a good movie.

(Some courts will permit high levels of similarity to be treated as evidence of access to the copyrighted work, which collapses the test and is terrible. But it is copyright law so terrible is par for the course.)

Papa Was A Video Toaster
Jan 9, 2011





So um is anybody able to answer my actual IP question?

Kalman
Jan 17, 2010

TVsVeryOwn posted:

So um is anybody able to answer my actual IP question?

An IP lawyer (TM priority, copyright secondary) you hire to answer the question for you.

Consider whether your idea is worth the potential hassle.

Platystemon
Feb 13, 2012

BREADS

TVsVeryOwn posted:

So um is anybody able to answer my actual IP question?

Your problem isn’t that someone is going to think your business is a show tie-in, it’s that you are potentially tangling with a billion-dollar corporation.

Look, Sony’s probably never going to find out, and if they do, they’re probably won’t do anything more than tell you to cease and desist, but if it comes to more than that, good luck.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

TVsVeryOwn posted:

So um is anybody able to answer my actual IP question?

Your question crossed the line from general hypothetical into "can you give me legal advice for my situation" which for a number of reasons (firm policies, conflicts, not having all the details) makes all the actual lawyers stay away from answering and respond with "get a lawyer."

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:
Similar to the AI Disney thing. Are animated pornos with Disney likenesses copyright infringement? And/or could you make the argument that since Disney is aggressively not sexual, a sexualized cartoon of a Disney figure must be satire?

Platystemon
Feb 13, 2012

BREADS
That argument has been tried and lost in 1978’s Walt Disney Productions v. Air Pirates.

Porn parody producers have prevailed in other cases, but “Disney characters but they gently caress” isn’t enough. They have to put more passion in their work.

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Platystemon posted:

That argument has been tried and lost in 1978’s Walt Disney Productions v. Air Pirates.

Porn parody producers have prevailed in other cases, but “Disney characters but they gently caress” isn’t enough. They have to put more passion in their work.

So they need to hire better actors?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Umm they’re called “cast members”

toplitzin
Jun 13, 2003


Kalman posted:

You don’t need to prove you never heard it, they need to prove you have (or in practice that you could plausibly have heard it). Bunch of recent cases on this where you get random no name songwriters suing claiming that major label releases were ripped off of their works; also a set of screenwriter lawsuits where they claim their slop script was read and used to make a good movie.

(Some courts will permit high levels of similarity to be treated as evidence of access to the copyrighted work, which collapses the test and is terrible. But it is copyright law so terrible is par for the course.)

So this is the nugget of fact behind artists refusing to take some rando's demo tape.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

toplitzin posted:

So this is the nugget of fact behind artists refusing to take some rando's demo tape.

It's also why a lot of authors won't have anything to do with fan fiction.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Phil Moscowitz posted:

Umm they’re called “cast members”

Not empty quoting

bird with big dick
Oct 21, 2015

I have numerous lawsuits in the planning stages for the many, many people that have wronged me. One is currently fully under way, and the next one is at the interviewing lawyers stage.

I assume it's good idea to tackle these one at a time because opposing counsel will find this out and say "Look, this dude is super loving litigious he doesn't deserve the 1.2m he's asking for"?

euphronius
Feb 18, 2009

Ask one of your lawyers for legal advice.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
If being litigious was a bad thing in this country Donald Trump would be broke and not the president.

Syncopated
Oct 21, 2010

bird with big dick posted:

I have numerous lawsuits in the planning stages for the many, many people that have wronged me. One is currently fully under way, and the next one is at the interviewing lawyers stage.

I assume it's good idea to tackle these one at a time because opposing counsel will find this out and say "Look, this dude is super loving litigious he doesn't deserve the 1.2m he's asking for"?

Have you considered inviting them to celebrate Festivus instead?

Captain von Trapp
Jan 23, 2006

I don't like it, and I'm sorry I ever had anything to do with it.

bird with big dick posted:

I have numerous lawsuits in the planning stages for the many, many people that have wronged me. One is currently fully under way, and the next one is at the interviewing lawyers stage.

I assume it's good idea to tackle these one at a time because opposing counsel will find this out and say "Look, this dude is super loving litigious he doesn't deserve the 1.2m he's asking for"?

Lawyers are not allowed to introduce (and courts are not allowed to consider) information that's not relevant to the case at hand. That's something where if you didn't already know it, it suggests you're really unprepared. I suggest going to the library and poking around in a few books about lawsuits before writing a bunch of large checks to attorneys.

euphronius
Feb 18, 2009

Relevancy is not something I’d expect a lay person to understand

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

bird with big dick posted:

I have numerous lawsuits in the planning stages for the many, many people that have wronged me. One is currently fully under way, and the next one is at the interviewing lawyers stage.

I assume it's good idea to tackle these one at a time because opposing counsel will find this out and say "Look, this dude is super loving litigious he doesn't deserve the 1.2m he's asking for"?


Syncopated posted:

Have you considered inviting them to celebrate Festivus instead?



euphronius posted:

Ask one of your lawyers for legal advice.

The legal answer is talk to your lawyer(s) about this because if you have actual claims there may be statutes of limitation involved and you might have incipient filing deadlines you need to be aware of.

The practical answer is that most of your wrongs probably lack legal merit because most people don't have actual valid legal claims against that many other people, so if someone says "I want to sue ALL the people" they're probably a nightmare client who just wants to start a lot of fights and has no conception of the actual legal merits of any of their perceived wrongs. So the guy suggesting you invite all your enemies to Festivus is probably suggesting a more practically achievable form of redress.

By "nightmare client" of course I mean "if you're poor" ; if you're rich and self-fund all that litigation, GREAT, go for it.

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euphronius
Feb 18, 2009

Filling a lawsuit against Jane and John Doe 1-500

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