They’re mislabeling the license too. CC BY-NC-SA 4.0 has nothing to do with “anti-commercial-AI.” It provides some terms for using content and, in theory if OP is willing to take someone to court, should provide some basis if the license is being abused. Until there’s actual precedence, though, it’s debatable whether or not sucking up CC BY-NC-SA 4.0 content is a breach of the license. For it to actually matter, someone needs to demonstrably prove 1) CC BY-NC-SA 4.0 content was sucked up by AI, 2) it was their content and it was licensed at the time, 3) the terms of the license were violated, and 4) other legal shit that will pop up during the course of the litigation. “Someone” has to be someone with deep fucking pockets willing to go the distance in many international jurisdictions.
I wouldn’t dare call it mislabelling since there is no precedent yet. Just the other day a judge ruled AI generated CSAM is still CSAM. If it can be proven beyond a doubt that an AI output comes from copyrighted works without proper license, will that AI violate the copyright? Also, will AI count as derivatives work from the training material or will it be treated like software compiler? I think a lot of our current legal framework is not up to speed to answer those questions. So I would not call it useless nor misleading.
Also, lemmy doesn’t have EULA as far as I am aware of so the license of the content hosted on the instance is by default unlicensed. The user just notifies that to whoever wants to use their comment for whatever purpose, must abide by those licenses.
They’re mislabeling the license too. CC BY-NC-SA 4.0 has nothing to do with “anti-commercial-AI.” It provides some terms for using content and, in theory if OP is willing to take someone to court, should provide some basis if the license is being abused. Until there’s actual precedence, though, it’s debatable whether or not sucking up CC BY-NC-SA 4.0 content is a breach of the license. For it to actually matter, someone needs to demonstrably prove 1) CC BY-NC-SA 4.0 content was sucked up by AI, 2) it was their content and it was licensed at the time, 3) the terms of the license were violated, and 4) other legal shit that will pop up during the course of the litigation. “Someone” has to be someone with deep fucking pockets willing to go the distance in many international jurisdictions.
I wouldn’t dare call it mislabelling since there is no precedent yet. Just the other day a judge ruled AI generated CSAM is still CSAM. If it can be proven beyond a doubt that an AI output comes from copyrighted works without proper license, will that AI violate the copyright? Also, will AI count as derivatives work from the training material or will it be treated like software compiler? I think a lot of our current legal framework is not up to speed to answer those questions. So I would not call it useless nor misleading.
Also, lemmy doesn’t have EULA as far as I am aware of so the license of the content hosted on the instance is by default unlicensed. The user just notifies that to whoever wants to use their comment for whatever purpose, must abide by those licenses.