alt Hacker NewsIf the Xerox machine had all of the copyrighted works in it and you just had to ask it nicely to print them I think you'd say the tool is in the wrong there, not the user.
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LLMs do not have all copyrighted works in them.
In some cases they can be prompted to guess a number of tokens that follow an excerpt from another work.
They do not contain all copyrighted works, though. That’s an incorrect understanding.
One of the reasons the New York Times didn't supply the prompts in their lawsuit is because it takes an enormous amount of effort to get LLMs to produce copyrighted works. In particular, you have to actually hand LLMs copyrighted works in the prompt to get them to continue it.
It's not like users are accidentally producing copies of Harry Potter.
Are there any LLMs available with a, "give me copyrighted material" button? I don't think that is how they work.
Commercial use of someone's image also already has laws concerning that as far as I know, don't they?
You'd think wrong.
Xerox already went through that lawsuit and won, which is why photocopiers still exist. The tool isn't in the wrong for being told to print out the copyrighted works. The user still had to make the conscious decision to copy that particular work. Hence, still the user's fault.