My moment of clarity in the last few weeks was coming back to “Oh right, copyright is a hack, and one that is not serving us, particularly us on the margins”
The moral rights of authorship and the way we situate our legal process of ownership are, actually, kinda at odds. And it entirely misses the idea of a commons, both as community and as a cultural base to draw from.
I've long believed that we, collectively, should own our culture — to have modern myths be Copyright 1972 LucasFilm, the traditional songs we sing Copyright 1922, now owned by Warner/Chappell Music is one of the things I find repugnant about the situation we find ourselves in.
That said, reconciling that with the behavior of the AI companies, _particularly_ the American ones? It's hard. Google abuses its monopoly position; Microsoft has forced harmful and terrible tooling on people at every turn; OpenAI is run by someone who actively despises art and does not understand it; and Anthropic is run by a guy who is trying to make sure the apocalypse has a pleasant demeanor and doesn't offend any corporations on the way. All of the above have scraped the web with no active consent — and that's largely fine, that's what putting things in common _is_, that's the beauty of the open information world we have the remnants of — but also actively evading measures people put in place to stop it and with absolutely no willingness to engage with the process. Extracting from the commons _is_ the tragedy of the commons.
It does not mean that enlarging the commons with the resulting tools is bad. The doctrine of original sin is a Christian concept I do not subscribe to. The concept of 'fruit of the poisonous tree' is a legal tool to fix power relations not a moral stance. They're worth understanding, but they are not absolute moral stances that are self-evident.
These are not harmless tools, but so too putting hard regulation and corporate, legalistic scrutiny on everything has a vastly negative impact: it is a yoke on human creativity and community to the reins of capital.
And, so too, disruption has huge costs. We are, apparently, committed to doing things the worst possible way. One can just hope that we capture the good too, because the ride has started and it's rather late to get off.
@cdarwin@c.im
