Subnostr

I don't often confess this in public, but I am a contract lawyer....

There will be a time element to this; my understanding is that ChatGPT works from a copy of the internet that's two years out of date (this the info will be out of date also). Secondly, if the data is scrapable that suggests it's not paywalled or in a walled garden; if freely available it's likely to be in public domain. If not public domain per se, but registered as a patent for example, then the idea may be public, but protected legally by patent law. Trade secrets already have very strong extra legal protection in most jurisdictions.

Short answer is that I don't think anyone will have begun thinking about this in enough detail and we probably need some case law to set precedents, where people start suing GPT and Sam for plagiarism!

Shawn 2y ago

Thanks for your perspective.

I should have said “internet-accessible,” rather than web-scrapable. While I don’t see OpenAI being anything but extremely careful about this, my question is more directed at what (perhaps irrational) fear will motivate.

Wild times.

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Discussion

fnew 2y ago

I"d agree there is a fairly strong chance of parties whose IP may be being infringed looking to sue. This raises interesting questions about who they would sue though; likely not the developers, and the AI itself doesn't yet have legal personality so can't be sued. I reckon they would file suit against the company that owns and controls the AI (assuming it's a company; I don't know enough about the corporate structure above Chat GPT to opine just yet).

It's an analogous problem to 'whom do I sue if I get hit by a self driving car'

Wild times indeed

Shawn 2y ago

I think Getty has already filed a few suits, no?

fnew 2y ago

Was not aware but not surprised. Let's watch and read filings/judgments as they become public