Yes, this is a reasonable distinction to draw. I guess my question is--why have we given search engines such a wide latitude in this regard? Their business model benefits substantially from piracy because they are perceived as more useful when they direct people to pirated content. Google routinely returns pirated content, not just incidentally in the results, but as the top choice.
We have given them this latitude because the only (existing) legal routes for denying them that latitude functionally make it so search engines cannot meaningfully exist.
See, the problem here is, you want the search engine to be
liable in some way if its content contributes to the commission of a crime or a tort of some kind. ("Torts" are the things people get
sued for; "crimes" are the things people get
prosecuted for.) The problem is, doing that means:
1. If they ever include any chemistry information, at all, whatsoever, then someone can sue (or even prosecute!) them because a person used Google to look up chemistry that allowed them to commit a crime or cause harm to someone else (e.g. make a bomb, cook up an illegal drug, etc.)
2. If they ever provide access to something racist, sexist, homophobic, antireligious, anti-atheist, etc., etc., they can be sued for causing or enabling harm.
3. If they ever include, say, links to a professional website that becomes compromised, they could be sued alongside that website owner because of the breach of security.
4. Etc., etc., etc.
Point being:
as the law currently stands, if we were to hold the search engine accountable for the content accessible through it, then search engines would die as a business. They would simply cease to operate, because they would be
guaranteed to have near-constant, unavoidable legal battles over the content they connect to. So, instead, we have laws and regulations on the books which basically say, if you're a website that allows people to submit content to it (e.g. search engine, forum, video hosting site, etc.), you are not liable for things your users submit.
Yes, in practice, this means Google is and will always be a useful tool for IP piracy. The only alternative that doesn't functionally kill off the Internet as we know it is to create a new body of law with new rules and new policies that allow us to finely differentiate between liability (or criminal culpability, in some cases) and non-liability(/non-culpability) in cases where a search engine was involved in a tortious or criminal offense. And, at least from where I'm sitting right now, I frankly don't trust our legislature to create a new body of law that would actually work for this purpose. I'd rather accept a small but meaningful degree of IP piracy than kill the Internet because search engines are afraid to help people connect to websites.
I think most generated stories and art are clearly inferior to that produced by real people. I've said it before but I'll reiterate--anyone generating that kind of stuff and acting like they are brilliant for doing so is being incredibly rude.
Well, then, for my part, the issue is that selling a product at $60/book (or whatever)
is precisely that thing. Even if it only uses a single piece of functionally-zero-human-involvement AI-generated content--whether it be a picture or a paragraph--that specifically
is that business "being incredibly rude." And I don't think a company that is being incredibly rude merits my dollar. It's that simple. I won't buy such products.
As noted, though, I understand that AI stuff can be used to assist the process of an actual, well-paid artist doing their job. Hence, there are some forms of "AI enhancement", which I think
do suit. I would call spelling and grammar checkers, for example, a very very primitive form of AI designed to assist with writing. They cannot and should not replace human editors. The exact same thing would apply to, say, ChatGPT being used as an editing or revising aid; a paragraph checked for grammar errors or spelling mistakes or unnecessary and awkward constructions? Fine by me. That's whatever. Doing that isn't going to
replace an editor assisting with the overall construction of written text. It's just going to let that editor skip over the most tedious part of their job, things like missing or unnecessary commas or using "irregardless" or writing "for all intensive purposes" when you meant "for all intents and purposes."
Really I feel like we as a society have decided we don't care about online piracy, we don't care that it exists and is easily accessible, and honestly we are probably kind of pleased that it is so easy to find. I'm not necessarily saying that's right; but the amount of concern with LLMs in that context makes it seem like piracy isn't really the issue people have. They're concerned about the job market effects or long term effects on creativity or more wealth inequality or whatever, and land on the piracy concern because it seems more (?) ethically defensible.
In most cases, this is the core difference:
A massive corporation failing to acquire (say) 5% extra sales because a group of people who
probably wouldn't ever buy anyway doesn't really phase most people. Megacorps do not garner much sympathy for good reason. They tend to be amoral or even outright immoral, and they have a bad habit of doing stupid, dangerous, illegal, harmful things, which reinforces the already-present suspicion most people have toward megacolossal edifices they
can't completely understand. Further, plenty of people actually do get prosecuted or sued for their theft and distribution of big companies' IP--to the point that many such big companies act as bullies
threatening anyone who dares to do things that would in fact be legal! Consider how much flak Disney gets for being litigious as all hell, and for going after people who really are 100% within their legal rights but can't afford to defend that in court against one of the biggest corporations in the world.
An artist having their art stolen
and specifically used to make more money is (a) a single person having their livelihood taken from them, (b) often difficult or even impossible for said individual person to ever get restitution for that wrongdoing, and (c) not merely a single instance of a lost sale, but specifically something taken and then turned into many many many many many MORE sales by someone else. The size clearly makes a difference, because we can relate to individual creators a hell of a lot more than we can to faceless megacorps. The difficulty of getting restitution is well-known, and in fact companies like Disney will repeat what I mentioned above; consider that in a world of perfect fairness, Disney probably would've had to pay something for
The Lion King, because it is shockingly similar to
Kimba the White Lion for various reasons. (They probably wouldn't have had to pay a
lot, many of the similarities really are superficial, but I've seen enough visual and story-element comparisons to think the similarity is more than skin deep.)