Oh so when Big companies do it, it's OK. But it's stealing when an OpenSource AI gives that same power back to the people.

I'd say that scraping as a verb implies an element of intent. It's about compiling information about a body of work, not simply making a copy, and therefore if you can accurately call it "scraping" then it's always fair use. (Accuse me of "No True Scotsman" if you would like.)

But since it involves making a copy (even if only a temporary one) of licensed material, there's the potential that you're doing one thing with that copy which is fair use, and another thing with the copy that isn't fair use.

Take archive.org for example:

It doesn't only contain information about the work, but also a copy (or copies, plural) of the work itself. You could argue (and many have) that archive.org only claims to be about preserving an accurate history of a piece of content, but functionally mostly serves as a way to distribute unlicensed copies of that content.

I don't personally think that's a justified accusation, because I think they do everything in their power to be as fair as possible, and there's a massive public benefit to having a service like this. But it does illustrate how you could easily have a scenario where the stated purpose is fair use but the actual implementation is not, and the infringing material was "scraped" in the first place.

But in the case of gen AI, I think it's pretty clear that the residual data from the source content is much closer to a linguistic analysis than to an internet archive. So it's firmly in the fair use category, in my opinion.

Edit: And to be clear, when I say it's fair use, I only mean in the strict sense of following copyright law. I don't mean that it is (or should be) clear of all other legal considerations.

The enemies of my enemies are my friends.

But if both sides are your enemies, they're both your friends. But if they're your friends, they aren't the enemies of your enemies anymore, which would make them your enemies once again. But then they are your friends again. But then

• Disney and NBCUniversal have teamed up to sue Midjourney.
• The companies allege that the platform used its copyright protected material to train its model and that users can generate content that infringes on Disney and Universal’s copyrighted material.
• The scathing lawsuit requests that Midjourney be made to pay up for the damage it has caused the two companies.

Yes, that’s a good addition.

Overall, my point was not that scraping is a universal moral good, but that legislating tighter boundaries for scraping in an effort to curb AI abuses is a bad approach.

We have better tools to combat this, and placing new limits on scraping will do collateral damage that we should not accept.

And at the very least, the portfolio value of Disney’s IP holdings should not be the motivating force behind AI regulation.

I say this as a massive AI critic: Disney does not have a legitimate grievance here.

AI training data is scraping. Scraping is — and must continue to be — fair use. As Cory Doctorow (fellow AI critic) says: Scraping against the wishes of the scraped is good, actually.

I want generative AI firms to get taken down. But I want them to be taken down for the right reasons.

Their products are toxic to communication and collaboration.

They are the embodiment of a pathology that sees humanity — what they might call inefficiency, disagreement, incoherence, emotionality, bias, chaos, disobedience — as a problem, and technology as the answer.

Dismantle them on the basis of what their poison does to public discourse, shared knowledge, connection to each other, mental well-being, fair competition, privacy, labor dignity, and personal identity.

Not because they didn’t pay the fucking Mickey Mouse toll.

• Disney and NBCUniversal have teamed up to sue Midjourney.
• The companies allege that the platform used its copyright protected material to train its model and that users can generate content that infringes on Disney and Universal’s copyrighted material.
• The scathing lawsuit requests that Midjourney be made to pay up for the damage it has caused the two companies.

How so? Isn't it the same for the financial purposes?

Yes I under that, but is Midjourney profiting off these characters? Ie are people paying for these services just so they can create images of these specific characters ? I think that’s the question that needs to be answered here.

I mean you’re not paying piecemeal as you would for an artist to create your commission of Shrek getting railed by Donkey, you pay for the service which in turns creates anything you tell it to.

It’s like I’m still not convinced that training AI with copyrighted material is infringement, because in my mind is not any different than me seeing Arthas when I was kid, thinking he was cool as fuck and then deciding to make my own OC inspired by him. Was I infringing on Blizzard’s copyrighted character for taking inspiration from its design? Was Mike Pondsmith infringing on William Gibson’s copyright when he invented Cyberpunk?

You should totally play the game, but make sure that you pirate it so your money doesn't go to the thief who stole the rights from the creators.

• Disney and NBCUniversal have teamed up to sue Midjourney.
• The companies allege that the platform used its copyright protected material to train its model and that users can generate content that infringes on Disney and Universal’s copyrighted material.
• The scathing lawsuit requests that Midjourney be made to pay up for the damage it has caused the two companies.

Stupid lawsuit because anyone can do Ai now.

Drama. A business partner of the creators used an illegal loophole to obtain a majority stake of the company and then fired the actual creators because they where considered to volatile.

The universe of Disco Elysium is Kurvitz paracosm which he has been creating since his teens. Its a part of their identity that they are now barred from expressing.

Its a bit like if you told Tolkien halfway trough writing lotr that he is fired as the author and can never write anything about middle earth again.