New technology calls for new a new copyright paradigm
L'Histoire se répète...
Before 1990 the media industry was content in its copyright position, since it had the monopoly on multiplication facilities and therefore on media distribution. Very few people had a record pressing plant in their basements or a CD multiplication facility in their attics, and OCR to scan and digitize books was also still very much in its infancy which meant a photocopier was the only way to duplicate books.
Then along came the CD-ROM drive, compressible media data formats (MP3 being the first mainstream variety of those), cheap document scanners, accurate OCR software and sufficient Internet bandwidth to distribute digital media. Suddenly the genie was out of the bottle and the rules had changed forever.
The industry, predictably, went up in flames, screamed bladdy murder and dug in their heels to resist the change that had already taken place. It didn't help one bit. Then some media houses decided to go with the change, embrace it, and ride the wave. Digital distribution, DRM that actually didn't get in the way too much of enjoying legally bought media, and different business models all took some time to mature, but here we are. Those who adapted survived, those who didn't, didn't. Darwin would have nodded approvingly.
Now we see the same. There's no really effective way to keep any content whatsoever from being accessed by an AI. If you and I can obtain a copy of something (and we can) then so can an AI. And that means, simply put, that our ideas about copyright and the associated legislation have to change to adapt to the new situation. It's that or be left behind.
First off, what constitutes copyright? I'm not a lawyer (heaven forbid) but it seems to me as a layman that copyright focuses on the right to multiply and distribute. If I publish a copy of a book that I do not have the rights to, I commit a clear copyright violation.
But then there are different scenario's. In the mid-1990s I wanted to learn Perl. I borrowed the O'Reilly Camel Book from a colleague, read it, and after about a week I returned it with thanks and a cup of coffee. Then I proceeded to utilize that knowledge in my work, writing Perl for a living. I did not pay O'Reilly for the right to read their book (my mate had already done that) and yet I used the information therein to my commercial advantage.
Is that also a copyright violation? Some would argue yes, some would say maybe not, but all would probably agree that enforcing copyrights in this case is impossible - after all, who would police the lending of a book to the guy sitting at the desk across from you?
But for the sake of argument let's say this is a copyright violation. So I'm a good boy and I don't borrow the book. But I'm a little broke that month, so I don't buy it, either. Instead I ask my colleague, who has paid for the book and read it, how to solve certain problems in Perl. That means my colleague now disseminates the information in the book, or at least gives me commercially valuable advise on the basis of what he has read in the book. Is that a copyright violation?
I ask because the latter is exactly what AI is doing right now.
Clearly we need a new copyright paradigm. In today's world the old one no longer works.