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rexpop • yesterday at 4:20 PM • 1 reply • view on HN

> Theft/stolen implies it's been taken and the owner deprived of it.

Nope! Theft of the proceeds.

The media may have been legally acquired, but it was done so by violating the intentions and purposes of the content creators.

In other words, people poured their time and attention into something hoping for a return, and got this, instead. And now this is obviating the venues by which creators hoped to receive their social/cultural dividend.


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Matticus_Rex • yesterday at 5:36 PM

I mean, in a legal sense, no -- it's not theft of the proceeds. You may mean that you think it's morally/philosophically similar to that, in the same sense as piracy and other IP violation, but these things are very specifically not classified as theft from a legal standpoint.

Violating the intentions and purposes of the creators is in some cases an IP violation, and in others it isn't -- it all depends on the details. A lot of AI training on IP-protected materials can fit into the bucket that isn't an IP violation (or any other legal violation), though much of the historical actual training data wasn't collected this way.

IP creators don't have an amorphous right to "a return" or to have their intentions and purposes strictly respected. They have very specific rights in law, and those often don't match up 1:1 with expectations, and almost never with a specific set of the creator's intent (except where that aligns with already-existing law).

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