←back to thread

1503 points participant3 | 1 comments | | HN request time: 0s | source
Show context
djoldman ◴[] No.43577414[source]
I don't condone or endorse breaking any laws.

That said, trademark laws like life of the author + 95 years are absolutely absurd. The ONLY reason to have any law prohibiting unlicensed copying of intangible property is to incentivize the creation of intangible property. The reasoning being that if you don't allow people to exclude 3rd party copying, then the primary party will assumedly not receive compensation for their creation and they'll never create.

Even in the case where the above is assumed true, the length of time that a protection should be afforded should be no more than the length of time necessary to ensure that creators create.

There are approximately zero people who decide they'll create something if they're protected for 95 years after their death but won't if it's 94 years. I wouldn't be surprised if it was the same for 1 year past death.

For that matter, this argument extends to other criminal penalties, but that's a whole other subject.

replies(18): >>43578724 #>>43578771 #>>43578899 #>>43578932 #>>43578976 #>>43579090 #>>43579150 #>>43579222 #>>43579392 #>>43579505 #>>43581686 #>>43583556 #>>43583637 #>>43583944 #>>43584544 #>>43585156 #>>43588217 #>>43653146 #
noduerme ◴[] No.43578932[source]
You're conflating trademark with copyright.

Regardless, it's not just copyright laws that are at issue here. This is reproducing human likenesses - like Harrison Ford's - and integrating them into new works.

So if I want to make an ad for a soap company, and I get an AI to reproduce a likeness of Harrison Ford, does that mean I can use that likeness in my soap commercials without paying him? I can imagine any court asking "how is this not simply laundering someone's likeness through a third party which claims to not have an image / filter / app / artist reproducing my client's likeness?"

All seemingly complicated scams come down to a very basic, obvious, even primitive grift. Someone somewhere in a regulatory capacity is either fooled or paid into accepting that no crime was committed. It's just that simple. This, however, is so glaring that even a child could understand the illegality of it. I'm looking forward to all of Hollywood joining the cause against the rampant abuse of IP by Silicon Valley. I think there are legal grounds here to force all of these models to be taken offline.

Additionally, "guardrails" that prevent 1:1 copies of film stills from being reprinted are clearly not only insufficient, they are evidence that the pirates in this case seek to obscure the nature of their piracy. They are the evidence that generative AI is not much more than a copyright laundering scheme, and the obsession with these guardrails is evidence of conspiracy, not some kind of public good.

replies(4): >>43579054 #>>43579108 #>>43579903 #>>43579947 #
1. IanCal ◴[] No.43579903[source]
> This, however, is so glaring that even a child could understand the illegality of it

If you have to explain "laundering someone's likeness" to them maybe not, I think it's a frankly bizarre phrase.