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Inside the AI Porn Marketplace Where Everything and Everyone Is for Sale (www.404media.co)
submitted 3 years ago by to c/technology@lemmy.world
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Each of these reads like an extremely horny and angry man yelling their basest desires at Pornhub’s search function.

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[+] [S] -13 points 3 years ago* (last edited 3 years ago) (2 children)

The problem with Public Domain is that it does not exist in most jurisdictions. There is no "Public Domain" in (edit: at least parts of) the EU, for example.

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  • [–] 15 points 3 years ago (2 children)

    Public domain absolutely exists in the EU.

    What you mean is that someone can't passively waive their rights in (most parts of) the EU. When copyright expires, the work is pretty public domain. And the EU recognises public domain from other jurisdiction. It also perfectly allows someone to license a work however they like, while retaining that copyright. Regardless of how a creator allows a work to be used, the work is still their work.

    AI bots never had rights to waive. Their work is not their work.

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  • [–] 2 points 3 years ago

    AI bots never had rights to waive. Their work is not their work.

    This is only partially true. In the US (which tends to set the tone on copyright, but other jurisdictions will weigh in over time) generative AI cannot be considered an "author." That doesn't mean that other forms of rights don't apply to AI generated works (for example, AI generated works may be treated as trade secrets and probably will be accepted for trademark purposes).

    Also, all of the usual transformations which can take work from the public domain and result in a new copyrightable derivative also apply.

    This is a much more complex issue than just, "AI bots never had rights to waive."

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  • [–] 1 point 3 years ago* (1 child)

    Public domain absolutely exists in the EU.

    Hmm. There was some kind of issue with that in the EU that led to the creation of a Creative Commons license, IIRC. Maybe nonstandardized handling of stuff not under copyright. I remember that in the US, putting something in the public domain wasn't an issue, but in at least some of the EU, it was important to use Creative Commons instead.

    I think that something not being under copyright isn't analogous everywhere.

    googles

    https://en.wikipedia.org/wiki/Public-domain-equivalent_license

    In 2009, Creative Commons released CC0, which was created for compatibility with jurisdictions where dedicating to public domain is problematic, such as continental Europe.[citation needed] This is achieved by a public-domain waiver statement and a fall-back all-permissive license, for cases where the waiver is not valid.

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  • [–] 2 points 3 years ago

    yeah, you can't give up some right on your work like paternity in the eu. but the public domain applies to everything that has been there for long enough (70 years after the authors death in france for example)

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  • [–] 2 points 3 years ago (1 child)

    What do you mean? Anything that isn't copyrighted is public domain, including old works.

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  • [–] [S] 3 points 3 years ago* (last edited 3 years ago)

    In some countries, that might be the case. However, in Germany (where I live), there is no way to have something "not copyrighted". The author holds the copyright unless explicitly licensed. (Here's where the CC0 comes in handy, but the CC licenses weren't made for software...)

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