osm at imagico.de
Mon Jun 18 17:30:33 UTC 2018
On Monday 18 June 2018, Mateusz Konieczny wrote:
> > One interesting thing about this kind of work is the legal side and
> > the question if a process as described there is a derivative work
> > of the training data used.
> I am surprised that somebody may think that it is not a derivative
> work of training dataset.
Given how rarely you see attribution for data sources in the 'big data'
sector and how widespread attribution requirements are in the open data
world OTOH it is pretty likely that use as training data in adaptive
algorithms is widely not considered to be copyright relevant. If this
view is correct or not is a whole other story.
The topic is also further complicated because if there is a relevance of
copyright/database rights here there are still two options:
* The trained algorithm is considered to be a derivative of the training
data but the output of applying the trained algorithm is not.
* The output of the trained algorithm is considered to be a derivative
of the training data as well.
I think it is probably possible to create scenarios where all three
viewpoints (the two above and the 'no copyright issues involved' case)
are plausible interpretations. So there are no simple yes/no answer to
the whole subject - you would need to draw a line somewhere -
preferably one that, as i phrased it in legal-talk recently, "supports
desirable and harmless use cases but does not create loopholes against
the spirit of the license."
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