kelnos
7 hours ago
I agree. The frontier models are based on training data from tons of copyrighted work. Some of that work was obtained illegally, even. They could not exist without strip-mining the commons. The labs have no moral or ethical ownership to the end result, and others should feel free to treat any company-imposed restrictions on their use as invalid.
I don't expect Tan's position to be based on any kind of real moral high ground, but his conclusion is correct.
I love the "illicit distillation attacks" framing from the incumbents. There's nothing illicit. There's no attack. You just don't like it because it threatens your market position and business model.
torginus
6 hours ago
With the recent Navier-Stokes controversy, I think there's a credible suspicion that all your IP you run through these models will end up in these companies' possession. OpenAI themselves has admitted a weak version of this (that prompts might inadvertedly end up improving the model). We don't know the extent of this.
Obviously it's not possible to run a company whose value is predicated on its IP that uploads said IP to a third party which might get access to it.
This could mean every potential serious customer would have no option but to seek alternatives to these online services.
lynndotpy
5 hours ago
I thought this was commonly accepted to be the case that companies which sell access to LLMs are also storing and training on the inputs?
I don't mean this as rhetoric, I did not think many people (except possibly those operating under government contracts, and 'normies' who don't know about these things) were under the belief that their IP was kept secret when they use these services.
zdragnar
5 hours ago
Some offer zero data retention policies, but there can be weasel words. For example, on the individual pro plan, you can turn off the setting that lets them train models on your data, but they still have a section in their terms that allows them to evaluate your anonymized data for statistical and "research" purposes. You have to actually get a signed contract along with an enterprise plan that spells out exactly what they're going to use, and what settings enable what retention.
https://privacy.claude.com/en/articles/10023548-how-long-do-... (see the additional info section)
jmalicki
an hour ago
Or just use Azure, AWS, etc. for Claude/ChatGPT inference, where the AI labs never even get your data in their data centers at all.
You pay more for it, but if you care that much, use it.
cgio
an hour ago
I would wager that’s more acceptable if said learning is not in competition with the user. If they didn’t actually produce results but created the model only, then that could be advantageous for users too. But the moment they absorb your work to sell it, or for marketing, it’s a different moral ground.
ssivark
4 hours ago
What about inference providers like Baseten, Modal, Fireworks, Together, etc? I thought one of their value propositions was inference (using open weights models) that guarantees with crisp terms that they will not use your data.
jmalicki
an hour ago
> using open weights models
AWS and Azure give you the same thing for Claude and ChatGPT, no need to be stuck with open weights. They might sometimes store some of it for other purposes (I don't know the specifics), but it is emphatically not being fed back to OpenAI or Anthropic.
hazard
4 hours ago
I worked very briefly at Baseten, and I can say that it was a perpetual annoyance (from an engineering perspective) that customers would complain about issues with their models but we couldn't actually see the inputs/outputs. I don't know about the other providers, but at Baseten they literally weren't stored anywhere.
lynndotpy
3 hours ago
I don't have any much exposure to the attitudes people have around them, and I haven't worked with them. So I can't really say
Gud
5 hours ago
No, that is not "common knowledge". You are supposed to be able to disable that unwanted feature.
ForHackernews
2 hours ago
I have no inside information, but I always assume the tickboxes that "disable ____ data" from Google/Facebook/OpenAI just disconnects it from your own account, not hides it from the provider.
Aurornis
4 hours ago
> I thought this was commonly accepted to be the case that companies which sell access to LLMs are also storing and training on the inputs?
The services have toggles to allow prompts to be used in the training set. There is a conspiracy theory that the toggle is a false distraction and they’re actually keeping everything, and that none of the employees involved will ever whistleblow this fact.
Outside of Internet comment sections, I think most people assume these US-based companies are doing what they say.
For enterprise use there are services like AWS Bedrock which have strict isolation guarantees. There are some people who still believe those guarantees are a lie, but once someone has reached that point I don’t think they trust anything that isn’t running entirely within their house. People in that category are a very small minority, but a very vocal minority.
lynndotpy
3 hours ago
The impression I have (from interacting with people IRL using OpenAI and Anthropics offerings, and how they feel about the risks involved) is just the opposite. But we probably just have different life experiences.
Betelbuddy
5 hours ago
Or these customers could just use AWS Bedrock...but their current CEO is an incompetent MBA unable to publicly articulate their biggest advantage, in the context of the current AI usage my companies.
You have access to all the frontier models, but...your inputs are not shared with the model vendors...neither are used to train the next model.
Why am I even doing the Amazon board job for them!??
ballon_monkey
4 hours ago
Bedrock is really bad. It seems like they don't host the models very well because they produce tons of bugs/errors calling the model. For example you can end up with Anthropic models not returning a stop token and you end up waiting for a timeout thinking its doing something when it isn't.
Betelbuddy
4 hours ago
Well Anthropic hosts their models at AWS, ( and at many others...) so maybe the AWS team can ask them how they do it ;-) ?
whatshisface
4 hours ago
Amazon is deeply invested in Anthropic and would not defame them through marketing a service whose selling point was their startup's breach of contracts.
staticautomatic
4 hours ago
All except Gemini which can be rather important depending on your use case.
Betelbuddy
4 hours ago
You mean the Gemini that is even behind the Chinese models?
Aurornis
6 hours ago
> OpenAI themselves has admitted a weak version of this (that prompts might inadvertedly end up improving the model). We don't know the extent of this.
I think this is being misunderstood. Codex has a toggle to allow your prompts to be included in training data. They’re saying they can’t be sure if the person had it on or off while using Codex to discuss the work.
They’re not saying that some prompts are mysteriously jumping into training data.
Also, there is a large market for AI services which don’t retain anything under any circumstances for enterprise customers.
psyphy2
2 hours ago
yes this is my understanding as well, and based on [1] seems to be the case. I don't know why everyone is just believing the un-backed accusations of people probably just didn't turn off said setting (and if they did why have they not said anything to such effect)
ronsor
6 hours ago
Almost every serious customer is already using ZDR where nothing is retained at all, instead of "anonymized" data.
steveBK123
6 hours ago
They already trained on pirated content, what makes you think they are going to honor ZDR?
GrinningFool
5 hours ago
Contractual obligations carry teeth. Scraping the internet is relatively risk-free.
steveBK123
4 hours ago
Good luck proving your data was laundered and included in a training run
ForHackernews
2 hours ago
Yizahi
4 hours ago
A lot substance is hinged on the exact definition of the word "data" or "user data". In the age of post-truth everyone is claiming that they keep no "user data". Except that after running it once through some transformer program it's no longer "user data", it's something entirely else and these corpos gave ZERO promises regarding such laundered/transformed data at all, ever.
nrmitchi
6 hours ago
The guarantee on this is a (contractual) “trust me bro”, and a right to try to sue a multi-trillion-dollar company who will absolutely drive you into the ground with legal red tape.
If you are big enough to be able to withstand that, you’re already running (or trying to run) your own/open-weight models.
torginus
6 hours ago
Just a thought experiment: considering training seems to be 'fair use', I wonder if they trained a tiny model to retain key info from your prompts, would mean that this would still constitute fair use, and allow them to legally claim they don't retain your data.
ronsor
6 hours ago
ZDR is shorthand for a more specified agreement of "we don't do anything other than generate your output tokens", so no.
Besides, true ZDR is usually offered by third-parties with deals to host OpenAI models, such as Amazon (AWS Bedrock) and Microsoft (Azure).
applfanboysbgon
6 hours ago
ZDR is based on the exact same pinky-promise as training opt-outs. There is no technical barrier to OpenAI, or whoever is running your compute, retaining your prompt after they run inference on their servers. If you don't control the hardware the model is being inferenced on, you don't control your data.
pennomi
6 hours ago
Where nothing is retained at all, allegedly.
cma
an hour ago
> OpenAI themselves has admitted a weak version of this (that prompts might inadvertedly end up improving the model).
2023:
"The approach also aligned with the company’s broader deployment strategy, to gradually release technologies into the world for people to get used to them. Some executives, including Altman, started to parrot the same line: OpenAI needed to get the “data flywheel” going."
https://www.theatlantic.com/technology/archive/2023/11/sam-a... https://archive.is/NmO5P#selection-979.907-979.1177
I don't think this has been a big secret.
dannyw
an hour ago
These frontier labs violate billions of terms of services across the web, that prohibit scraping / automated access / etc. Most sites have a clause, it’s basically standard boilerplate.
So why is their own ToS so special? :)
stymaar
6 hours ago
This. Distillation “attacks” are a made up concept. It's as if I claimed that Anthropic made a “training attack” when training on my internet writing.
overfeed
3 hours ago
Anthropic carried out a multitude of "copyright attacks" on open source repositories, and the broader internet.
giancarlostoro
6 hours ago
Abolish copyright and make it less ridiculous. Sampling music was never a thing that required royalties until the 1990s when I guess someone got angry that rappers were making money off their sampled music. Its insane to me. Make it illegal to transfer ownership of copyrighted work too, only the spouse or one single inheritor who isnt a company can have the rights transferred, after both die, the work enters public domain.
LLMs should just pay a flat fee to use a specific book and thats it. Fees should be reasonable (not a million dollars per book), so long as the model doesnt spit out the entire book.
hn993302
an hour ago
If someone really wants to ask a million dollars to let a book be trained on, ok their choice, maybe not getting any customers though. If someone really pays then cool, you deserve it for making what is apparently a very useful book. There are encyclopedias that probably cost more than that to make and would sell for more.
TFNA
6 hours ago
One of the most infamous legal challenges to sampled music was MARRS "Pump Up the Volume" in the 1980s, and that was preceded by other famous cases. Not sure why you think that started in the 1990s.
jrajav
3 hours ago
This is nitpicky. The MARRS case was 1987, and Biz Markie and Vanilla Ice are way higher on the list in terms of actually getting attention on the issue and influencing culture.
4d4m
4 hours ago
Lol um no everyone benefits from copyrights and IP. If were being flippant how about people just steal your private code and monetize it!? Copyright makes the creative world turn.
hn993302
an hour ago
Yeah, I'm fine with copyright existing even though it's messy. That said, if you put your copyright image on a public site with no watermark and Google Images shows it, skill issue.
derefr
5 hours ago
> Make it illegal to transfer ownership of copyrighted work too, only the spouse or one single inheritor who isnt a company can have the rights transferred, after both die, the work enters public domain.
By your phrasing, it sounds like you still intend the possibility of companies owning copyrights; but how does that happen (other than copyrights already owned by companies grandfathered in)?
Copyright always starts off in the hands of individual human beings; it only ends up in the hands of companies when those human beings transfer ownership to a company. That ownership transfer can be automatic as a term of a contract, e.g. as part of a work-for-hire agreement. But no contract can cause the copyright to come into existence already held by the company instead of the individual. So if you abolish ownership transfer, you effectively make work-for-hire IP assignment invalid. What replaces it?
And, if "nothing"... then how do people pool the IP rights of their own small contributions to a large-scale work, into an IP pool that can be legally defended by a coherent legal entity, so that the large-scale work itself can have market value (i.e. so that sales of polished commercial bootlegs don't drive sales of the "authentic" work to zero)?
Keep in mind that, no matter how much we might want "mass distributed" media to have more-reasonable IP terms, the ability to sue for infringement is still critical to the existence of some forms of media. Especially "location-based" media, with no equivalent licensed broadcast right: movies still in theatre; concerts; live performances of plays and musicals; etc. If there's no legal team that can sue a movie theatre that shows an unlicensed copy of a given movie, then no movie theatre will ever bother with licensing movies again; "box office" goes to zero (from the movie company's perspective); and the incentive to create movies in the first place declines massively.
(You can see what this alternate world looks like from the few cases where movies screwed up the steps required to assert copyright, back before copyright was automatic. Night of the Living Dead (1968) is a good example: theatres — even upstanding large-chain theatres! — did indeed leap at the opportunity to show the movie unlicensed, and so Romero et al made effectively zero revenue off the work.)
I'm not saying this is an impossible problem. There are ways to accomplish this besides the way it's done now. (For example, individual-contributor IP could be retained by the original owners, but cross-licensed between individuals through a collaboration structure to form a coherent defensible IP pool, in exactly the same way that IP for e.g. video codecs is cross-licensed between corporations to form a coherent defensible IP pool today.) I'm just pointing out that the problem does need to be solved.
throwawayk7h
2 hours ago
"Strip-mine" is not correct. The commons are all still there and you can still train on them just like the frontier labs did. Of course, it may be illegal to do so, but that's not any different than before.
vermilingua
2 hours ago
Yknow, aside from the books they are literally destroying while scanning
protocolture
an hour ago
Books they wouldnt need to destroy if they were simply permitted to torrent.
Daily reminder that piracy is the only enduring archive mechanism.
godwinson__4-8
6 hours ago
If the leading private labs attempt to use the government to pull up the ladder under the pretense of "safety" then the response of the people should be to take such questions out of private hands and nationalize the leading labs.
Or they could abide by the precedents they set and learn to compete. They shouldn't be allowed to have it both ways.
ctkhn
5 hours ago
The problem here is you need a trustworthy government for nationalizing to make a difference. The current US admin started with DOGE and a crypto rug pull.
protocolture
an hour ago
>If the government supports the leading models then we should protect ourselves by making the government own more of it.
Weird, weird weird take. How does any of this work. Like you cant influence the first decision but you can magically influence the second?
chadgpt3
5 hours ago
How can "the people" nationalize a lab? I'm people, how can I do it?
georgemcbay
3 hours ago
> I'm people, how can I do it?
Vote (well-informed of the candidate's policies) in every election you can, even the local ones that seem of little consequence.
Convince others to vote.
Make demands of your elected representatives. You can mail them, call them, etc.
The government is the people.
The Reagan-era and beyond successful convincing of people that the government is an unchangeable black box made up of shady actors out to destroy everything (see: Republicans still going on about the 'deep state' when they run literally everything) is a big part of how we got to this place. It was a self-fulfilling lie, now coming true as the people who sold the lie start grasping for unending power.
But we still have the ability to vote our way out of it. If we continue to fail to do so, then at an evolutionary level we have to consider that we collectively deserve all the bad that comes from it.
Aurornis
6 hours ago
There is nothing illegal about training on traces from frontier models.
However the frontier labs don’t have to serve customers who are farming the service for distillation purposes. That’s their choice and they’re free to make it if they detect distillation happening.
darth_avocado
6 hours ago
I would argue they should have to. They scraped data off others, a lot of whom did not want that data to be used for AI training, and still had to share it with the frontier labs. It’s only fair they should have to hand it back.
The only way US maintains dominance over Chinese models is by having an ecosystem of models. Relying on a small set of frontier labs will only let you get ahead temporarily. I agree with Gary Tan on this one.
dannyw
29 minutes ago
Generally companies are welcome to choose to who to provide service to, as long as it's not discriminating against a protected class, or ruled as anticompetitive (which is a very high bar in recent case law; even if the same 1890s-era laws are still on the books).
I don't think a correct remedy is to require companies to provide services even if they want to. A simple example: you drop a client because their asks / ways-of-working / etc is more headache and costs than it's worth. I've done that before, multiple times, in my freelancing life.
hlynurd
6 hours ago
That's fine, they just gotta tone down the victim rhetoric.
ronsor
6 hours ago
Yes, I think this is the main issue. I don't care what policies the AI labs have or enforce, but they need to stop acting like ToS violations are an international crisis demanding intervention instead of a boring civil dispute at most.
hn993302
an hour ago
There's no moral high ground here, it's just that nobody would invest in training publicly usable models if they could be easily distilled. Not that I think there should be laws against it or that such laws would even work; they're going to have to protect themselves.
dannyw
43 minutes ago
Fewer people would create scientific or artistic works if they could just be copied or used without protection either; or so is the premise behind copyright and intellectual property; even being deeply embedded into the US Constitution (Art 1, Sec 8, Clause 8).
There is sooo much irony here.
hn993302
38 minutes ago
I agree. Some existing licenses don't seem compatible with AI training. If they don't go back to rectify that, at the very least you should be able to license your work in a way that explicitly prohibits AI training. They can pay if they want to use it.
soundworlds
2 hours ago
100% - the work came from the people, it should go back into the hands of the people.
I also think if Anthropic and OpenAI had been releasing Open models along the way, people wouldn't be nearly as suspicious of them.
impossiblefork
4 hours ago
Morally I agree, but since there's probably a lot of LLM text in the training data, distilling on another model will probably make your model copy the values encoded into the other model as well, even in cases where you only distill on value-neutral stuff.
By copying their programming style, you'll move the model towards that way of writing, which will move the model towards the values expressed in those documents.
I feel that Deepseek v4 got so claudified at the end that it was like Claude.
pj_mukh
3 hours ago
I wonder if along with “Pacing the frontier”, we can get the frontier labs to Share the raw data.
I’m sure the labs claim that their real innovation is in the RLHF, training and architecture. Keep that and just share the raw data somewhere.
larodi
2 hours ago
Given (A) :
> He also notes that the proprietary AI labs didn’t ask permission when they vacuumed up as much human knowledge as they could to train their models. They famously ingested plenty of copyrighted material without the permission of those intellectual property holders.
And many people's shared opinion (B):
>> I don't expect Tan's position to be based on any kind of real moral high ground, but his conclusion is correct.
...
It is very difficult to actually say NO to the fact that (A) was done, which then leads logically to conclusions as (B). But also we should remember that if these two hold (and (A) is an axiom more or less now), then it comes as no surprise that then also all opensource licensing is immediately rendered void and null, as keeping it would contradict (A) and would go against the very common and consequential logic in (B).
Copyright is so dead. And it was not me killing it with a cynical post on HN. Dunno why so many people still fail to face it. There is no way it can exist in its current form, because then immediately (A) happens and (B) follows.
mobelkh
7 hours ago
why can't I use the tokens i paid for anyway?
Barbing
6 hours ago
All correct, just help me get over the idea of an open-weight Mythos where one or a dozen of us eight billion does something stupid on the bioweapon front. Smart people who’ve exhausted possibilities for what they can do with books and web search and today’s Kimi/GLM.
Figure we’ll have to reckon with this next year in any case, guess we’ll see.
edot
4 hours ago
This is our generation's "Saddam has WMDs". It's something the big labs thought up when they were trying to figure out how to make their product sound scary enough to deserve regulation. Literally no one is doing this or even trying, anyone who would want to do it would have already done it. Not worried about it.
ronsor
6 hours ago
"Bioweapon" information is not useful without a lab for synthesis.
Someone with that lab could almost certainly figure out how do something stupid or destructive on their own, or bypass model safeguards somehow.
a34729t
6 hours ago
You dont need an LLM to figure out to make anthrax. Anybody who can figure out how to make a home lab can make all sorts of dangerous stuff pretty easily. Same with college grad from a respectable chemistry program. This all FUD.
knollimar
7 hours ago
I'm sure they put some BS in their TOS
TZubiri
an hour ago
>I love the "illicit distillation attacks" framing from the incumbents. There's nothing illicit. There's no attack. You just don't like it because it threatens your market position and business model.
With what knowledge are you claiming this? If it turns out companies are using IP proxy networks would you change your mind?
What if the IP Proxy networks were used by criminals for similar attacks like DDoS or plain cyber attacks?
What if the source of the IP proxy networks were residential addresses to avoid detection?
What if the way these IPs were acquired were through pwned devices?
What if the credit cards used do not identify the company that carries the attack? What if they use the employee's personal credit cards? What if it's family members of employees? What if it's a network of personal credit cards where cc owners get a payment for making a purchase on their name? What if they are stolen ccs?
Not just a hypothetical btw, I believe almost all of these are true.
ejj28
an hour ago
Supposing it is true, then I'm glad the AI companies are getting a taste of their own medicine.