| > I asked first and I don't want to influence your response. So, go ahead. You first. It's simple: I'm not dodging the question, it's just that I don't know. It's complicated. It's easy to punch someone in the face and say "I have harmed this person" but things go into the weeds quickly. Like, can you harm someone through inaction? It's a surprisingly deep philosophical question and I am not a philosopher. I don't think determining exactly what harm is to be relevant in this particular case, anyways, but any definition I could come up with would probably have holes in it and lead to a large debate that I'd argue isn't actually relevant to the point(s) being made anyways. > If your only answer is that plagiarism is bad then I agree with that (in certain settings, such as education), but it's clearly no longer considered to be illegal (if it ever was?) or immoral. Just look at all the bigtech LLMs doing so while raising billions without getting into legal trouble. So apparently society has recently decided that this is fine. Say we really did crack the code on how human learning works and distilled it into an algorithm. If you were able to use this algorithm to produce a representation of learned skills and knowledge, e.g. something lossy enough to be considered legally distinct rather than just a compressed form of the training data, then surely this would not be considered a derivative work of the copyright material used to train it. I think most people would agree with this. (Note the obvious caveats, e.g. if your weights do contain obvious artifacts of direct memorization then it would still be a legal problem.) Clearly we haven't done that yet, but we did do something that sits between "lossless compression" and "human learning". The courts have the unenviable job of trying to figure out where to draw the line when we still don't really understand what's going on. I don't really like the heist that occurred with machine learning, but I also lack a satisfactory answer on what exactly it is they did wrong (except for the obvious, e.g. committing massive amounts of piracy and DDoS'ing the entire Internet for the sake of training data.) I don't think anybody could have foresaw what would happened with machine learning decades ago to be able to make laws that would adequately cover it, and tech companies always move way too fast for regulators to keep up. However, I don't believe that this means that all plagiarism is simply okay, either legally or morally. I just think we lack an adequate legal framework to represent our moral quandaries with big tech machine learning operations, as the traditional notion of plagiarism doesn't cover the complexities of model weights or model outputs. I also don't think that the current legal frameworks will last forever; it's a golden era for ML companies, but assuming they haven't and aren't cracking the code on artificial cognition (I strongly believe they're not near it atm) I believe regulations will eventually catch up some time after the hype has died down. |
In this case there's a non-commerical open source project that ignored some other project's licenses. This isn't great, but it doesn't affect me, a third party, in the slightest. I have no reason to be upset about this. It doesn't really affect the other projects either, nor does it negatively affect our society. If anything it adds to our society by giving something people are clearly interested in having.
In the case of RTEMS the only thing they're missing out on is attribution. Nintendo isn't missing out on anything at all, people will still be buying their hardware to run this software.
So my argument is that any harm that may have been done is insignificant at best. Hardly worth getting upset about, especially as a third party.
As for the legal argument, it's hypocritical at best. If someone wants to condemn what happened here they should first go after the big boys who are making billions by doing the same thing on a massive scale.
> If you were able to use this algorithm to produce a representation of learned skills and knowledge, e.g. something lossy enough to be considered legally distinct rather than just a compressed form of the training data, then surely this would not be considered a derivative work of the copyright material used to train it. I think most people would agree with this.
If it's okay for an algorithm to do then it's okay for a human to do. So in that case copyright would be dead since the conclusion is you (or a machine learning algorithm) are allowed to ingest some content, then produce similar content.
A simple example is using an LLM to draw an image of some disney characters. If we say the LLM is allowed to do this because it learned to do so, which we aren't considering to be plagiarism, then why are human artists being sued by disney for doing the same?
Or in this case, let's say the original authors used an advanced LLM to assist their coding. The LLM once happened to ingest Nintendo's binary blobs during training and was advanced enough to learn from them. It uses this knowledge to produce code that can interface with the hardware which just so happens to look like the original code because that's just how you do it. Is it suddenly not plagiarism anymore? Did it become morally okay because the LLM laundered the code? Is this any different from LLMs ingesting all of github and becoming coding assistants? Why are we okay with that, but not when a human does it?
I know that in the end the legal answer is that if you have enough money you can do whatever you want, but this doesn't answer the moral questions.