Yeah I’m understanding the nuance much more now. There is a difference between: is it okay to use copyrighted content to produce OpenAI’s product, and is a verbatim reproduction of a poem fair use.
That’s a naive ‘what color are my bits’[1] mistake - classic software developer mindset.
Level one programmer naïveté is just ‘bits are bits, it doesn’t matter where they come from. Bitwise identical things are indistinguishable’.
Level 2 naïveté is when you accept that bits have color depending on how they came to be arranged thus, and that there are processes that get rid of the old color on some bits, and replace it with a new one. But then you figure - like a programmer - that if you compose that process with some other process you can get rid of the colors you don’t like.
Enlightenment is realizing that the law cares not one jot for the specific processes you apply to bits or their colors but criminalizes (or at least proscribes) particular actions and cares about things like intent.
