Suchir Balaji: “When does generative AI qualify for fair use?”

Fair use is defined in Section 107 of the Copyright Act of 1976, which I’ll quote verbatim below:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Fair use is a balancing test which requires weighing all four factors. In practice, factors (4) and (1) tend to be the most important, so I’ll discuss those first. Factor (2) tends to be the least important, and I’ll briefly discuss it afterwards. Factor (3) is somewhat technical to answer in full generality, so I’ll discuss it last.

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None of the four factors seem to weigh in favor of ChatGPT being a fair use of its training data. That being said, none of the arguments here are fundamentally specific to ChatGPT either, and similar arguments could be made for many generative AI products in a wide variety of domains.

Suchir Balaji

Interesting analysis by a former OpenAI researcher who left the company and publicly spoke against their business practices, going as far as an interview with The New York Times – a publication which last year sued OpenAI (and Microsoft) for copyright infringement, so naturally they would want to distribute Balaji’s views. Moreover, in November he became a potential witness in this trial after the Times’ attorneys named him in court filings as having material helpful to their case, along with at least twelve people, including past or present OpenAI employees.

PetaPixel: “Why Samsung should have Stuck it Out in Photography”

The buzz and hype were mainly down to the NX1, an APS-C mirrorless that was set to lead the charge for Samsung, but in truth the momentum had been building for a while, with a succession of innovative and impressive cameras that weren’t afraid to pioneer new technology. With a future looking so bright, it seems such a shame that, as we all know, Samsung stepped back from the photo industry and the fairytale came to an abrupt end. Here’s why I think Samsung could have (and should have) stuck it out in the photography game.

Let’s start with that flagship camera, the NX1. Now, despite this camera being launched a decade ago, the specs list would still put some of today’s cameras to shame. Built around that 28.2-megapixel APS-C sensor, the NX1 achieved a very clever trick of marrying together features that appealed to a great number of photographers. Landscapers were reassured by that resolution, enabling large prints, while sports and wildlife photographers could take advantage of a Hybrid AF system that made use of 205 Phase Detection points and a 15 frames per second burst rate.

Matty Graham

An interesting question to consider: what would the camera market have looked like today if Samsung had continued and expanded this NX-camera line? The answer I think depends on what the main differentiator for a successful camera company is.

Adobe Blog: “Removing window reflections in Adobe Camera Raw”

In this blog we describe Reflection Removal, a new technology that can eliminate reflections from photographs taken through windows with a single click. Our technology is powered by AI, but it’s not generative AI. This first iteration of the tech is designed to address only one kind of reflection — from plate glass windows that cover most or all of your field of view. It’s not designed to remove reflections from windows that are small or far away, or where the window frame is within the field of view, or reflections from objects like wine glasses, car bodies, or clouds reflected in a lake. We might address some of these applications in later updates. Our goal is to help you turn a photo you might otherwise delete into one that is good enough to share. Reflection Removal is available now in Camera Raw as a Technology Preview, to get feedback from the community, and will be coming soon to Lightroom.

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That said, removing window reflections is a hard problem, and this is our first stab at it, so there are inevitably some rough edges. For example, we don’t currently do well on cityscapes at night. In fact, removing reflections is what mathematicians call an ill-posed problem, meaning that for a given photograph it’s not possible to decide with certainty which objects are in the original scene versus the reflected scene. One polluted photo could have many plausible separations. The key is training our model to understand scenes that are likely to exist in the real world. We’re constantly improving the model, so stay tuned!

Marc Levoy, Eric Kee & Adam Pikielny

Here’s a genuinely positive use of AI – machine learning to be more exact. Though the results are impressive, the use case seems fairly limited for me. There are multiple methods to minimize reflections at capture time, as this blog post admits, and in many cases reflections can be put to great creative use. The only situation where I would always apply this tool are images taken through airplane windows. Nevertheless, it’s good to see Adobe investing in these sort of niche applications of AI – maybe someday they will get around to flare removal as well.

Triton Station: “A Nobel prize in physics for something that is not physics”

Nearly forty years on, my concerns about string theory have not been misplaced. And while, in the strictest sense, I don’t think it qualifies as physics – it’s more of a physics-adjacent branch of mathematics – it is at least attempting to be physical theory. But machine learning is not physics. It’s computer science. Computers are a useful tool, to be sure. But programming them is no more physics than teaching a horse to count.

I’m not sure we should even consider machine learning to be meritorious. It can be useful, but it is also a gateway drug to artificial intelligence (AI). I remember the more earnest proponents of early AI propounding on the virtues of LISP and how it would bring us AI – in the 1980s. All it brought us then was dystopian fantasies about killer robots nuking the world. Despite the current hype, we have not now developed intelligent machines – what we’re calling AI is certainly artificial but not at all intelligent. It uses machine “learning” to reprocess existing information into repackaged forms. There is zero original thought, nothing resembling intelligence. Modern AI is, in essence, a bullshit generator. Now, we can all think of people who qualify as organic bullshit generators, but that begs the question:

Why is the Nobel prize in physics being awarded for something that is clearly not physics?

Stacy McGaugh

If you need more proof of the stagnation in theoretical physics over the past decades, look no further than this year’s Nobel Prize.

Chrome for Developers: “CSS Wrapped: 2023! text-wrap: balance and pretty”

As a developer, you don’t know the final size, font size, or even language of a headline or paragraph. All the variables needed for an effective and aesthetic treatment of text wrapping, are in the browser. Since the browser does know all the factors, like font size, language, and allocated area, it makes it a great candidate for handling advanced and high quality text layout.

This is where two new text wrapping techniques come in, one called balance and the other pretty. The balance value seeks to create a harmonious block of text while pretty seeks to prevent orphans and ensure healthy hyphenation. Both of these tasks have traditionally been done by hand, and it’s amazing to give the job to the browser and have it work for any translated language.

Una Kravets & Bramus & Adam Argyle

Nice to see the web platform introducing CSS features such as text-wrap that are easy to pick up and use – as opposed to things like grid layouts and nesting – while also being extremely useful and offloading to the browser tasks that would otherwise need complex work from web developers. The balance keyword is widely supported in browsers already, while pretty is exclusive to Chromium-based browsers for now. Even so, the lack of browser support for pretty won’t affect visitors in Safari and Firefox in any meaningful way, since the text will simply wrap in the default way.

Politico: “Europe should hope for a Trump victory”

A Trump win would immediately revive plans for more common EU debt for the bloc’s security and defense. That idea — initially pushed by Macron and supported by the EU’s new High Representative Kaja Kallas — had even won the tacit support of frugal Northern Europe, but it lost momentum after the French president’s election gambit. The shock of a second Trump term would undoubtedly rekindle it, not least because Germany — the country most reluctant to support Macron’s ideas — is also the country that fears losing America’s security guarantee most.

The same would be true for the Continent’s gloomy economic outlook. Former Central Bank President Mario Draghi’s diagnosis of an €800 billion-per-year investment gap can only be filled by more common financing. It also requires a different approach to EU-wide industrial and fiscal policy that, again, would start in Germany and spill over to rest of the EU — something that a trade war with Trump could help unlock.

Mujtaba Rahman

That may have been the case if Trump would have won a second term back in 2020, but I fear that now in 2024 and beyond the prospects of catalyzing European unity are much slimmer. European leaders have had another four years of ‘American leadership’ under Biden to lull them into complacency – I am using ‘leadership’ here in quotes as this was rather America pursuing its militaristic haphazard foreign policy and European leaders tagging along and pretending US interests perfectly match our own.

The Economist: “Ireland’s government has an unusual problem: too much money”

In September the European Court of Justice delivered a verdict in a long-running legal battle over whether Apple had benefited from unfair (and now closed) loopholes in Ireland’s tax code. As a result, the American tech firm will have to hand over €13bn ($14bn) to the Irish tax authorities, along with over €1bn of interest—an amount equivalent to 4.8% of the country’s annual national income. To the bemusement of other cash-strapped governments, the Irish authorities sided with Apple in its battles with Europe’s courts, arguing that the firm had done nothing wrong.

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Irish policymakers are aware that the tax base is narrow as well as bountiful. In 2022 just ten firms accounted for three-fifths of corporate-tax receipts. Moreover, corporation tax amounted to 27% of all receipts that year, more than double the oecd average. Recognising this vulnerability, the Irish government intends to treat the Apple windfall in the same way that Norway treated North Sea oil revenues: it will set up a sovereign-wealth fund. Two separate pots are being established. Ministers hope their combined value will reach €100bn by 2040, at which point they will start to spend the income generated.

The Economist

I have a rather straightforward answer if the Irish government doesn’t want – or know what to do with – this massive Apple fine: contribute this to the EU budget! It was after all the European Commission who fought this legal battle and won, while Ireland argued against it. And most of these profits on which Apple avoided taxes for years were generated in other EU countries, not on their operations in Ireland.