Ideally, Congress would just settle this basket of copyright concerns, as they explicitly have the power to do—and have done so repeatedly in the specific context of computers and software.
Ideally, Congress would just settle this basket of copyright concerns, as they explicitly have the power to do—and have done so repeatedly in the specific context of computers and software.
I've pitched this idea before but my pie in the sky hope is to settle most of this with something like a huge rollback of copyright terms, to something like 10 or 15 years initially. You can get one doubling of that by submitting your work to an official "library of congress" data set which will be used to produce common, clean, and open models that are available to anyone for a nominal fee and prevent any copyright claims against the output of those models. The money from the model fees is used to pay royalties to people with materials in the data set over time, with payouts based on recency and quantity of material, and an absolute cap to discourage flooding the data sets to game the payments.
This solution to me amounts to an "everybody wins" situation, where producers of material are compensated, model trainers and companies can get clean, reliable data sets without having to waste time and energy scraping and digitizing it themselves, and model users can have access to a number of known "safe" models. At the same time, people not interested in "allowing" their works to be used to train AIs and people not interested in only using the public data sets can each choose to not participate in this system, and then individually resolve their copyright disputes as normal.
What is ideal about getting more shitty laws written at the behest of massive tech companies? Do you think the DMCA is a good thing?
As opposed to waiting for uncertain court cases (based on the existing shitty laws) to play out for years, ultimately decided by unelected judges?
Democracy is the worst system we’ve tried, except for all the others.
(Also: The GPL can only be enforced because of laws passed by Congress in the late ‘70’s and early ‘80’s. And believe you me, people said all the same kinds of things about those clowns in Congress. Plus ça change…)
Courts applying legal analysis to existing law and precedent is also an operation of democracy in action and lately they've been a lot better at it than legislators. I don't know if you've noticed, but the quality of our legislators has substantially deteriorated since the 80s, when 24-hour news networks became a thing. It got even worse after the Citizens United decision and social media became a thing. "No new laws" is really the safest path these days.
DMCA isn't intrinsically copyright. It's a questionable attempt at a safe harbor provision that has horrible provisions for abuse. I'm not even of the opinion that copyright about computer software is poorly executed. It's mostly software patents that don't make any sense to me. When you have a concept that essentially every mathematics undergrad is familiar with getting labels slapped on it & called a novel technique. It's made worse by the fact that the patent office itself isn't enabled to perform any real review. There are no shortage of impossible devices patented each year in the category of things perpetual motion.