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Perhaps we are in new legal territory, where existing copyright laws and legal theory doesn't cover the issues completely? I wonder how things will go if (or when) similar AI technology enters the realm of production industries e.g. manufacturing or chemical. One can imagine that data of actual production plants and processes are obtained using drone cameras, pictures, schematics, text books etc. This data is then analyzed and synthesized into improved production flows, using the same method, which basically claims (it seems to me): we did not use any of your actual production knowledge, we just let the AI learn the principles. None of the original IP is in the AI working data. No patents are violated etc. If this technology is sold to the manufacturing companies - that can choose to opt out or opt in by buying or not bying - there probably isn't a problem. If this technology is used to establish competing manufacturing companies, where the economy can be significanty improved, and thus drive the existing companies out of business, then what? I think in the latter case, the AI company would be obliterated using lawsuits, without any thought given to the merit or legality of the AI tech. Or at least the AI company would be bought out using an "you can't say no" offer. And thus effectively shut down. Now I think of it, this seems to boil down to some philosphical issues where these thought experiments are needed and have value in order to work out what the issues really are. Perhaps an issue here is that there isn't much value on artists and works of art in general (with some economically strong exceptions like movies), but there is very strong protection of other industries - industries with vested interests, strong economies and monetary resources to defend against attackers. |
With copyright, you are allowed to use the original work as your own if you transform it enough (basically, you can get inspiration from it, but not exact copy).
With patents, you infringe a patent when you use the work described in it without the license, even if it's just as an inspiration and if you transform the method. It also doesn't matter if you rediscovered the content of the patent independently from the inventor, even if you can prove it.
So in this case, the original manufacturing company can defend its IP even if its work has been learned then rediscovered by an AI.