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Culture War Roundup for the week of October 21, 2024

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Has anyone noticed how much vitriol there is towards AI-generated art? Over the past year it's slowly grown into something quite ferocious, though not quite ubiquitous. I'm starting to feel (almost) as if it's outside the overton window to admit to using or liking AI art. Like I said, it's not ubiquitous, but maybe it's getting there. Pretty much any thread I ever see that features AI art (outside of specialty groups devoted to AI interest) has many vocal detractors accusing AI art of being trash and stealing from real artists.

While my mind is not fully made up on the issue of whether AI art is "good", if you ask me, I wouldn't say that it's bad that AI learns from "stealing" from artists. Honestly, ask absolutely anyone who's learned anything creative: learning art is all about learning how to steal from people. I know it's not completely analogous, but I don't personally believe that it should be bad for AI to learn by stealing while it's okay for human artists to learn by stealing.

More than anything, I'm kinda surprised there's this strong sentiment, and willingness to call out AI art and its proponents as being some sort of evil in the world. Maybe it's mostly because people get off on being judgy these days, and believing they have some sort of moral high ground, and less that they actually care about artists? I'm not sure, but I would have thought the Butlerian Jihad would have started for something more severe than art.

Yes, the blowback against AI art seems to me a little insincere.

Ostensibly, it's about the AI 'stealing' public art to train itself. (I agree with you that this argument is nonsense)

More realistically, it's people disliking the idea of robots putting artists out of work.

Cynically, it's artists being sore that their highly developed skills can suddenly be near-replicated by a computer in 15 seconds.

Many times over the past few centuries, skilled workers have found themselves driven into obsolescence by technology. Very few of them succeeded in holding back the tide for long. If I were a digital artist, I would urgently be either swapping to a physical medium, or figuring out how I could integrate AI into my workflow.

Ostensibly, it's about the AI 'stealing' public art to train itself. (I agree with you that this argument is nonsense)

FWIW, I think the argument that this argument is nonsense is nonsense. That's not to say, that I think the argument is necessarily correct, but the immediate dismissal, usually with some analogic assertion is too pat.

AI training is a pretty novel category, and while it's 'like' other things, I disagree that it's enough the same that it can be dismissed as an extension of what's come before.

I think the argument that 'copyright laws and IP and automation somewhat breakdown in new territory and are at least worthy of renewed consideration', is valid and not immediately dismissable as nonsense.

If your view is that we need to redefine what 'stealing' is in order to specifically encompass what AI does then yes, you can make the argument that AI art is stealing, but if you do that you can make the argument that literally anything is stealing, including things that blatantly aren't stealing.

AI training is novel, but I don't at all agree that it is so novel that it cannot possibly be placed into the existing IP framework. In fact I think it fits reasonably comfortably. I do not believe there is anything that AI training and AI generation does that could be reasonably interpreted to violate any part of IP law, nor the principles upon which IP law is based. You cannot IP protect a style, genre, composition, or concept. You cannot prevent people using a protected work as an inspiration or framework for another work. You cannot prevent people from using techniques, knowledge, or information gleaned from copyrighted work to create another original work. You cannot prevent an individual or company from examining your protected work. You cannot induce a model to reproduce any copyrighted work, nor reverse engineer any from the model itself. Indeed, carveouts in IP law like 'fair use' - which most people who decry AI art would defend passionately - gives far more leeway to individuals than would be required to justify anything generated by an AI.

If your view is that we need to redefine what 'stealing' is in order to specifically encompass what AI does then yes, you can make the argument that AI art is stealing, but if you do that you can make the argument that literally anything is stealing, including things that blatantly aren't stealing.

The issue here is that when we're talking about "stealing" in the copyright/IP law sense, the only way something is "stealing" is by legally defining what "stealing" is. Because from a non-legal perspective, there's just no justification for someone having the right to prevent every other human from rearranging pixels or text or sound waves in a certain order just because they're the ones who arranged pixels or text or sound waves in that order first.

So if the law says that it is, then it is, and if it says that it isn't, then it isn't, period.

So the question is what does the law say, and what should the law say, based on the principles behind the law? My non-expert interpretation of it is that the law is justified purely on consequentialist grounds, that IP law exists to make sure society has more access to better artworks and other inventions/creations/etc. So if AI art improves such access, then the law ought to not consider it "stealing." If AI art reduces it, then the law ought to consider it "stealing."

My own personal conclusions land on one side, but it's clearly based on motivated reasoning, and I think reasonable people can reasonably land on the other side.

I think that human, natural language definitions of 'stealing', 'plaigiarism', 'copying' etc are not totally fluid. These are words with specific meanings. If someone wants to argue that AI-art is bad on consequentialist grounds then sure, crack on. But 'stealing' is not a catch all term for 'bad'

Whether or not AI-art is bad, I maintain it is not theft.