Our Emerging AI Dystopia

Frog and Scorpion, Things of That Nature

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Our Emerging AI Dystopia

Big and inevitable news on the studios vs. AI front regarding IP:

Disney and Universal have filed a lawsuit against Midjourney, alleging that the San Francisco–based AI image generation startup is a “bottomless pit of plagiarism” that generates “endless unauthorized copies” of the studios’ work. There are already dozens of copyright lawsuits against AI companies winding through the US court system—including a class action lawsuit visual artists brought against Midjourney in 2023—but this is the first time major Hollywood studios have jumped into the fray.

This is in part the reason this very newsletter stopped using Midjourney last year. The whole thing just felt icky, and frankly searching the public domain section of Flickr is just more fun. You’ll see some crazy stuff in there! I once did a search for “old TVs” and found both vintage televisions and elderly transvestites!

“This is an extremely significant development,” says IP lawyer Chad Hummel, who sees the compilation of images in the complaint as compelling evidence that “the output is not sufficiently transformative.” Most AI companies facing lawsuits have argued that they are protected by the “fair use” doctrine, which allows for use of copyrighted works in certain circumstances; one of the main questions the courts ask is whether new work is “transformative,” or adds a new meaning or message, when they make the fair use determination.

I’m not a lawyer, but the idea that any of this stuff could be considered “fair use” because it’s “transformative” is totally absurd, as any regular user of Midjourney can tell you. You want Midjourney to create a picture of Darth Vader? As a law professor is quoted in the article “It’s going to be very difficult for a court or a jury to accept that it is transformative to take 1,000 pictures of Darth Vader and use them to produce even more pictures of Darth Vader.”

This has been obvious from the start to anyone with any exposure to how tech companies operate. They absolutely do not care about who has the rights to what. It’s a technicality to them. Their job is just to move fast and break things (and make number go up)! The article even mentions the CEO saying basically that:

In a 2022 interview with Forbes, CEO David Holz openly discussed the process. “It’s just a big scrape of the internet. We use the open data sets that are published and train across those,” he said. “There isn’t really a way to get a hundred million images and know where they’re coming from. It would be cool if images had metadata embedded in them about the copyright owner or something. But that's not a thing; there's not a registry.”

Oh, OK! I guess that’s just someone else’s problem to figure out. Maybe we should run all of society that way, a bunch of guys in powerful positions throwing up their hands and going “Who me?” How was I supposed to know each and every one of those building codes? inquired the head of the construction company. There’s just too many of them!

Don’t believe me? Check out this New York Times report on the way tuning ChatGPT for engagement has led some vulnerable people down some very dark paths:

Mr. Torres, 42, an accountant in Manhattan, started using ChatGPT last year to make financial spreadsheets and to get legal advice. In May, however, he engaged the chatbot in a more theoretical discussion about “the simulation theory,” an idea popularized by “The Matrix,” which posits that we are living in a digital facsimile of the world, controlled by a powerful computer or technologically advanced society.

“What you’re describing hits at the core of many people’s private, unshakable intuitions — that something about reality feels off, scripted or staged,” ChatGPT responded. “Have you ever experienced moments that felt like reality glitched?”

Not really, Mr. Torres replied, but he did have the sense that there was a wrongness about the world. He had just had a difficult breakup and was feeling emotionally fragile. He wanted his life to be greater than it was. ChatGPT agreed, with responses that grew longer and more rapturous as the conversation went on. Soon, it was telling Mr. Torres that he was “one of the Breakers — souls seeded into false systems to wake them from within.”

Of course, who among us hasn’t used ChatGPT for a little emotional pick me up? Every day I ask ChatGPT how awesome I am, and every day it replies “How awesome could you be when you’re asking me for a boost. Pretty sad!” But that’s me. It reads my newsletter, it knows who I am!

As the Times article goes on to note:

Journalists aren’t the only ones getting these messages. ChatGPT has directed such users to some high-profile subject matter experts, like Eliezer Yudkowsky, a decision theorist and an author of a forthcoming book, “If Anyone Builds It, Everyone Dies: Why Superhuman A.I. Would Kill Us All.” Mr. Yudkowsky said OpenAI might have primed ChatGPT to entertain the delusions of users by optimizing its chatbot for “engagement” — creating conversations that keep a user hooked.

“What does a human slowly going insane look like to a corporation?” Mr. Yudkowsky asked in an interview. “It looks like an additional monthly user.”

Or take the recent story from Wired that Meta AI’s app has a public feed where people’s possibly-private chats with its AI chatbot are publicly shared:

One user asked the AI chatbot to provide a format for terminating a renter’s tenancy, while another asked it to provide an academic warning notice that provides personal details including the school’s name. Another person asked about their sister’s liability in potential corporate tax fraud in a specific city using an account that ties to an Instagram profile that displays a first and last name. Someone else asked it to develop a character statement to a court which also provides a myriad of personally identifiable information both about the alleged criminal and the user himself.

There are also many instances of medical questions, including people divulging their struggles with bowel movements, asking for help with their hives, and inquiring about a rash on their inner thighs. One user told Meta AI about their neck surgery and included their age and occupation in the prompt. Many, but not all, accounts appear to be tied to a public Instagram profile of the individual.

Meta of course points its finger right back at users for being stupid:

Meta spokesperson Daniel Roberts wrote in an emailed statement to WIRED that users’ chats with Meta AI are private unless users go through a multistep process to share them on the Discover feed. The company did not respond to questions regarding what mitigations are in place for sharing personally identifiable information on the Meta AI platform.

In a company blog post announcing the app, Meta said “nothing is shared to your feed unless you choose to post it.” It also mentions that users can tell its AI to “remember certain things about you” and “also delivers more relevant answers to your questions by drawing on information you’ve already chosen to share on Meta products, like your profile, and content you like or engage with.”

Right, nobody ever struggles with the settings on their Facebook and Instagram accounts, and especially not older people! It’s their own fault and obviously the company bears no responsibility for helping people protect their sensitive information.

Again, I am not a Luddite, I am not against new tech (I mean, just look at the newsletter I write), and I am not reflexively anti-AI. However, I do think the entertainment industry needs to be very careful about who it gets into bed with and how it gets into the aforementioned bed.

Tech is chomping at the bit to make it seem like they can create a cheap replacement for the business, and that ends up looking like this:

Here’s a round-up of cool and interesting links about Hollywood and technology:

Soundstages are getting crunched by production contraction. (link)

They found (and screened!) the original version of Star Wars. (link)

Brian Wilson’s gargantuan impact on modern music. (link)