Media mogul Barry Diller and a group of prominent publishers are gearing up for a legal battle against the use of published works in training artificial intelligence (AI) systems. The rise of generative AI has raised concerns about the fair use of copyrighted content, and Diller is determined to protect the rights of publishers. In this article, we explore the reasons behind Diller’s stance and the potential impact of generative AI on content creation.
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Barry Diller, the chairman of IAC, believes that generative AI is overhyped and still in its early stages. AI systems rely on large language models that ingest vast amounts of written works from various sources, including books, news stories, and social media posts. However, Diller contends that the way AI systems consume publishers’ content is problematic and requires attention.
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The heart of the issue lies in how AI systems utilize copyrighted content without proper authorization. Diller criticizes tech giants like Google and Microsoft for claiming that the fair use doctrine of copyright law justifies their usage of published works. He asserts that this practice could be catastrophic for content creators, as it undermines the business model that supports professional content production.
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To safeguard publishers’ copyright, Barry Diller advocates for legislation or litigation. He emphasizes the need to protect fair use and uphold copyright laws. While some tech companies offer revenue-sharing deals to publishers, Diller argues that the current revenue share is zero, which does little to support content creators. To truly protect their rights, publishers must fight for their fair share.
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While Diller is determined to protect publishers’ rights, he remains tight-lipped about the identities of his allies in the impending legal action. He refers to them simply as “leading publishers.” This secrecy underscores the situation’s seriousness and the legal challenge’s potential impact on the AI industry.
Beyond copyright concerns, generative AI has raised questions about its impact on Hollywood studio workers’ jobs. Diller believes that in the short term, there may not be significant disruptions. However, he acknowledges that AI’s potential to create content, in the long run, could raise important issues for the entertainment industry.
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Barry Diller is not alone in his fight against AI publishing practices. Comedian Sarah Silverman and two other authors have already taken legal action against Meta and OpenAI, alleging copyright infringement. Their lawsuit claims that AI systems were “knowingly and secretly trained” using unauthorized copies of their books. Such legal battles signal a growing concern among content creators.
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While some publishers choose legal action, others are opting for collaborative efforts. The Associated Press recently announced its decision to license its archive of news stories to ChatGPT maker OpenAI for AI system training. This approach highlights the complexities of addressing copyright issues while still advancing AI technology.
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Barry Diller’s plan for legal action over AI publishing underscores the importance of protecting copyright in the age of generative AI. As the debate continues, it’s clear that content creators and tech companies must find a balance that respects intellectual property rights while embracing the potential of AI innovation. The outcome of these legal battles will shape the future of content creation and the AI industry as a whole.