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Judge disses Star Trek icon Data’s poetry while ruling AI can’t author works

While I am glad this ruling went this way, why'd she have diss Data to make it?

To support her vision of some future technology, Millett pointed to the Star Trek: The Next Generation character Data, a sentient android who memorably wrote a poem to his cat, which is jokingly mocked by other characters in a 1992 episode called "Schisms." StarTrek.com posted the full poem, but here's a taste:

"Felis catus is your taxonomic nomenclature, / An endothermic quadruped, carnivorous by nature; / Your visual, olfactory, and auditory senses / Contribute to your hunting skills and natural defenses.

I find myself intrigued by your subvocal oscillations, / A singular development of cat communications / That obviates your basic hedonistic predilection / For a rhythmic stroking of your fur to demonstrate affection."

Data "might be worse than ChatGPT at writing poetry," but his "intelligence is comparable to that of a human being," Millet wrote. If AI ever reached Data levels of intelligence, Millett suggested that copyright laws could shift to grant copyrights to AI-authored works. But that time is apparently not now.

80 comments
  • "In a way, he taught me to love. He is the best of me. The last of me."

  • I think Data would be smart enough to realize that copyright is Ferengi BS and wouldn’t want to copyright his works

    • Although he's apparently not smart enough to know what obviate means.

      This one's easily explained away in-universe though-- not enough people knew the original definition so it shifted meaning in 3 centuries.

    • Freedom of the press, freedom of speech, freedom to peacefully assemble. These are pretty important, foundational personal liberties, right? In the United States, these are found in the first amendment of the Constitution. The first afterthought.

      The basis of copyright, patent and trademark isn't found in the first amendment. Or the second, or the third. It is nowhere to be found in the Bill Of Rights. No, intellectual property is not an afterthought, it's found in Article 1, Section 8, Clause 8.

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

      This is a very wise compromise.

      It recognizes that innovation is iterative. No one invents a steam engine by himself from nothing, cave men spent millions of years proving that. Inventors build on the knowledge that has been passed down to them, and then they add their one contribution to it. Sometimes that little contribution makes a big difference, most of the time it doesn't. So to progress, we need intellectual work to be public. If you allow creative people to claim exclusive rights to their work in perpetuity, society grows static because no one can invent anything new, everyone makes the same old crap.

      It also recognizes that life is expensive. If you want people to rise above barely subsisting and invent something, you've got to make it worth it to them. Why bother doing the research, spend the time tinkering in the shed, if it's just going to be taken from you? This is how you end up with Soviet Russia, a nation that generated excellent scientists and absolutely no technology of its own.

      The solution is "for limited times." It's yours for awhile, then it's everyone's. It took Big They a couple hundred years to break it, too.

  • reaching the right end through wrong means.

    LLM/current network based AIs are basically huge fair use factories , taking in copyrighted material to make derived works. The things they generate should be under a share alike , non financial, derivative works allowed, licence, not copyrighted.

    https://en.wikipedia.org/wiki/Creative_Commons_license#Four_rights

    • I think it comes from the right place, though. Anything that's smart enough to do actual work deserves the same rights to it as anyone else does.

      It's best that we get the legal system out ahead of the inevitable development of sentient software before Big Tech starts simulating scanned human brains for a truly captive workforce. I, for one, do not cherish the thought of any digital afterlife where virtual people do not own themselves.

  • There's moving the goal post and there's pointing to a deflated beach ball and declaring it the new goal.

  • It really doesn't matter if AI's work is copyright protected at this point. It can flood all available mediums with it's work. It's kind of moot.

80 comments