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Joined 1 year ago
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Cake day: June 18th, 2023

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  • That is super not how fair use works:

    In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

    1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. the nature of the copyrighted work;
    3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    4. the effect of the use upon the potential market for or value of the copyrighted work.

    Considering that OpenAI is making a commercial profit from developing its ML models, they seem to have missed #1 already. #3 also because the model usually ingests the entire work, not just part of it.

    Actually, this makes me wonder if the design of OpenAI’s business structure is intended to try to abuse this:

    The organization consists of the non-profit OpenAI, Inc. registered in Delaware and its for-profit subsidiary OpenAI Global, LLC.

    So, the “non-profit” part of OpenAI collects the data for “research” purposes, but then the for-profit side sells the product.




  • The US government system was set up to be better than the monarchies its designers had grown up under. In this sense it has been wildly successful. But… it wasn’t really designed to scale to the size it has, nor to account for the massive changes in technology that have occurred since it was written.

    The leaders of the time decided to replace the first attempt only 6 years after it was ratified, and I believe they fully expected any future government to do the same if they found the current system wasn’t working. They did try to make the new system more adaptable by adding the Amendment process, which was frankly genius and unprecedented in government systems prior to that.

    I think it’s very important to remember where and when the system we have came from, and to try to think like the people who wrote it, and to remember that at the time they had no other models for successful government beyond the writings of Enlightenment-period historians. It’s very easy to criticize the current system. It’s far more difficult (and substantially more important) to draft a better system.