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Attempt to get copyright on wholly AI-generated art gunned down by US Supreme Court
(www.rockpapershotgun.com)
Libre culture is all about empowering people. While the general philosophy stems greatly from the free software movement, libre culture is much broader and encompasses other aspects of culture such as music, movies, food, technology, etc.
Some beliefs include but aren’t limited to:
If I remember correctly from a different post about this same thing, Thaler (the person suing to obtain copyright) developed the AI himself. I imagine that any sane copyright body globally would stand by the position that Thaler has the right to copyright/patent(/?) the AI itself, but that a generative machine learning program isn't able to produce anything eligible for copyright due to the very nature of how they're trained. (Thaler does in fact hold patent on the AI.)
Actually...I remembered something about what he named it, and in searching for more information I found that he was denied, and the decision was upheld by the Court of Appeal and then the Supreme Court following a suit by Thaler, to have his AI named on a patent filing in the UK. Original filing was 2019, and final judgment was 2023.
Seems the "esteemed" Dr Thaler is trying as many patent and copyright bodies as he's able to in an effort to get his program recognised as eligible for legal protection on it's output.
He's named it DABUS (Device for the Autonomous Bootstrapping of Unified Sentience).... I may be jumping to conclusions....but he seems like a bit of a nutter......
He's attempted patent and copyright filings in:
And he's been denied in all instances......is what I'd like to say.....but both South Africa and Australia allowed DABUS to be named as the inventor on patents. South Africa being an administrative decision, but with Australian courts handing down judgement that there's no requirement for an inventor to be human....
He seems pretty convinced that his program and it's associated machinery is actual, legitimate, bonafide AGI. Hard to find a description of the actual setup that isn't directly from Thaler's site and journal submissions, but it does sound like it's unique....but it's hard for me to figure out as a layman. There's reference in several places to
And there's several mentions of a "swarm of neural networks" but depending on what the source is this swarm is either entirely disconnected, or highly interconnected.
Regarding the "electro-optical attention window"....
From this paper on DABUS and the scholarly question of AGI and a program's ability to legitimately and legally invent things:
Thank you very much for the long explanation and links.
I guess we'll achieve legal clarity this way or the other. I mean doesn't really matter what he thinks. Once there's an agreement by most institutions/courts to rule the same way, it'll achieve certainty.
And seems I was right and there's more to the story. I was originally under the assumption this was about AI involvement in some invention process and the implications thereof. But seems it's a bit different and this is about whether AI can act as some legal entity. Guess that question has very simple and straightforward answers 😃
I mean...this assumption is actually correct, at least from my perspective and understanding. That Dr Thaler's patented program/system is purportedly unique enough to have it's own patent is kinda immaterial?
I got to read the reasoning behind the ruling. But what courts will usually do is not bother with details, once an application is wrong on technicalities. Which is probably the case here. We have a clear legal definition of what a legal entity is. And if someone puts in some nonsense, like AI being some kind of entity. Or like in the Simpsons episode when it turns out the nuclear power plant is actually not owned by Mr Burns, but by a parrot... Most judges will immediately dismiss the case and not bother with the rest of it because they have other stuff to do... I'll try to look up if it's like that once I have some time to spare.
It changes things, though. It'll be a slightly different question we get legal certainty on.
Cool, ping me when you're done reading up, I'm interested in hearing/seeing what you find.