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at-senate-ai-hearing,-news-executives-fight-against-“fair-use”-claims-for-ai-training-data

At Senate AI hearing, news executives fight against “fair use” claims for AI training data

All’s fair in love and AI —

Media orgs want AI firms to license content for training, and Congress is sympathetic.

WASHINGTON, DC - JANUARY 10: Danielle Coffey, President and CEO of News Media Alliance, Professor Jeff Jarvis, CUNY Graduate School of Journalism, Curtis LeGeyt President and CEO of National Association of Broadcasters, Roger Lynch CEO of Condé Nast, are strong in during a Senate Judiciary Subcommittee on Privacy, Technology, and the Law hearing on “Artificial Intelligence and The Future Of Journalism” at the U.S. Capitol on January 10, 2024 in Washington, DC. Lawmakers continue to hear testimony from experts and business leaders about artificial intelligence and its impact on democracy, elections, privacy, liability and news. (Photo by Kent Nishimura/Getty Images)

Enlarge / Danielle Coffey, president and CEO of News Media Alliance; Professor Jeff Jarvis, CUNY Graduate School of Journalism; Curtis LeGeyt, president and CEO of National Association of Broadcasters; and Roger Lynch, CEO of Condé Nast, are sworn in during a Senate Judiciary Subcommittee on Privacy, Technology, and the Law hearing on “Artificial Intelligence and The Future Of Journalism.”

Getty Images

On Wednesday, news industry executives urged Congress for legal clarification that using journalism to train AI assistants like ChatGPT is not fair use, as claimed by companies such as OpenAI. Instead, they would prefer a licensing regime for AI training content that would force Big Tech companies to pay for content in a method similar to rights clearinghouses for music.

The plea for action came during a US Senate Judiciary Committee hearing titled “Oversight of A.I.: The Future of Journalism,” chaired by Sen. Richard Blumenthal of Connecticut, with Sen. Josh Hawley of Missouri also playing a large role in the proceedings. Last year, the pair of senators introduced a bipartisan framework for AI legislation and held a series of hearings on the impact of AI.

Blumenthal described the situation as an “existential crisis” for the news industry and cited social media as a cautionary tale for legislative inaction about AI. “We need to move more quickly than we did on social media and learn from our mistakes in the delay there,” he said.

Companies like OpenAI have admitted that vast amounts of copyrighted material are necessary to train AI large language models, but they claim their use is transformational and covered under fair use precedents of US copyright law. Currently, OpenAI is negotiating licensing content from some news providers and striking deals, but the executives in the hearing said those efforts are not enough, highlighting closing newsrooms across the US and dropping media revenues while Big Tech’s profits soar.

“Gen AI cannot replace journalism,” said Condé Nast CEO Roger Lynch in his opening statement. (Condé Nast is the parent company of Ars Technica.) “Journalism is fundamentally a human pursuit, and it plays an essential and irreplaceable role in our society and our democracy.” Lynch said that generative AI has been built with “stolen goods,” referring to the use of AI training content from news outlets without authorization. “Gen AI companies copy and display our content without permission or compensation in order to build massive commercial businesses that directly compete with us.”

Roger Lynch, CEO of Condé Nast, testifies before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law during a hearing on “Artificial Intelligence and The Future Of Journalism.”

Enlarge / Roger Lynch, CEO of Condé Nast, testifies before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law during a hearing on “Artificial Intelligence and The Future Of Journalism.”

Getty Images

In addition to Lynch, the hearing featured three other witnesses: Jeff Jarvis, a veteran journalism professor and pundit; Danielle Coffey, the president and CEO of News Media Alliance; and Curtis LeGeyt, president and CEO of the National Association of Broadcasters.

Coffey also shared concerns about generative AI using news material to create competitive products. “These outputs compete in the same market, with the same audience, and serve the same purpose as the original articles that feed the algorithms in the first place,” she said.

When Sen. Hawley asked Lynch what kind of legislation might be needed to fix the problem, Lynch replied, “I think quite simply, if Congress could clarify that the use of our content and other publisher content for training and output of AI models is not fair use, then the free market will take care of the rest.”

Lynch used the music industry as a model: “You think about millions of artists, millions of ultimate consumers consuming that content, there have been models that have been set up, ASCAP, BMI, CSAC, GMR, these collective rights organizations to simplify the content that’s being used.”

Curtis LeGeyt, CEO of the National Association of Broadcasters, said that TV broadcast journalists are also affected by generative AI. “The use of broadcasters’ news content in AI models without authorization diminishes our audience’s trust and our reinvestment in local news,” he said. “Broadcasters have already seen numerous examples where content created by our journalists has been ingested and regurgitated by AI bots with little or no attribution.”

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openai’s-gpt-store-lets-chatgpt-users-discover-popular-user-made-chatbot-roles

OpenAI’s GPT Store lets ChatGPT users discover popular user-made chatbot roles

The bot of 1,000 faces —

Like an app store, people can find novel ChatGPT personalities—and some creators will get paid.

Two robots hold a gift box.

On Wednesday, OpenAI announced the launch of its GPT Store—a way for ChatGPT users to share and discover custom chatbot roles called “GPTs”—and ChatGPT Team, a collaborative ChatGPT workspace and subscription plan. OpenAI bills the new store as a way to “help you find useful and popular custom versions of ChatGPT” for members of Plus, Team, or Enterprise subscriptions.

“It’s been two months since we announced GPTs, and users have already created over 3 million custom versions of ChatGPT,” writes OpenAI in its promotional blog. “Many builders have shared their GPTs for others to use. Today, we’re starting to roll out the GPT Store to ChatGPT Plus, Team and Enterprise users so you can find useful and popular GPTs.”

OpenAI launched GPTs on November 6, 2023, as part of its DevDay event. Each GPT includes custom instructions and/or access to custom data or external APIs that can potentially make a custom GPT personality more useful than the vanilla ChatGPT-4 model. Before the GPT Store launch, paying ChatGPT users could create and share custom GPTs with others (by setting the GPT public and sharing a link to the GPT), but there was no central repository for browsing and discovering user-designed GPTs on the OpenAI website.

According to OpenAI, the ChatGPT Store will feature new GPTs every week, and the company shared a list a group of six notable early GPTs that are available now: AllTrails for finding hiking trails, Consensus for searching 200 million academic papers, Code Tutor for learning coding with Khan Academy, Canva for designing presentations, Books for discovering reading material, and CK-12 Flexi for learning math and science.

A screenshot of the OpenAI GPT Store provided by OpenAI.

Enlarge / A screenshot of the OpenAI GPT Store provided by OpenAI.

OpenAI

ChatGPT members can include their own GPTs in the GPT Store by setting them to be accessible to “Everyone” and then verifying a builder profile in ChatGPT settings. OpenAI plans to review GPTs to ensure they meet their policies and brand guidelines. GPTs that violate the rules can also be reported by users.

As promised by CEO Sam Altman during DevDay, OpenAI plans to share revenue with GPT creators. Unlike a smartphone app store, it appears that users will not sell their GPTs in the GPT Store, but instead, OpenAI will pay developers “based on user engagement with their GPTs.” The revenue program will launch in the first quarter of 2024, and OpenAI will provide more details on the criteria for receiving payments later.

“ChatGPT Team” is for teams who use ChatGPT

Also on Monday, OpenAI announced the cleverly named ChatGPT Team, a new group-based ChatGPT membership program akin to ChatGPT Enterprise, which the company launched last August. Unlike Enterprise, which is for large companies and does not have publicly listed prices, ChatGPT Team is a plan for “teams of all sizes” and costs US $25 a month per user (when billed annually) or US $30 a month per user (when billed monthly). By comparison, ChatGPT Plus costs $20 per month.

So what does ChatGPT Team offer above the usual ChatGPT Plus subscription? According to OpenAI, it “provides a secure, collaborative workspace to get the most out of ChatGPT at work.” Unlike Plus, OpenAI says it will not train AI models based on ChatGPT Team business data or conversations. It features an admin console for team management and the ability to share custom GPTs with your team. Like Plus, it also includes access to GPT-4 with the 32K context window, DALL-E 3, GPT-4 with Vision, Browsing, and Advanced Data Analysis—all with higher message caps.

Why would you want to use ChatGPT at work? OpenAI says it can help you generate better code, craft emails, analyze data, and more. Your mileage may vary, of course. As usual, our standard Ars warning about AI language models applies: “Bring your own data” for analysis, don’t rely on ChatGPT as a factual resource, and don’t rely on its outputs in ways you cannot personally confirm. OpenAI has provided more details about ChatGPT Team on its website.

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a-song-of-hype-and-fire:-the-10-biggest-ai-stories-of-2023

A song of hype and fire: The 10 biggest AI stories of 2023

An illustration of a robot accidentally setting off a mushroom cloud on a laptop computer.

Getty Images | Benj Edwards

“Here, There, and Everywhere” isn’t just a Beatles song. It’s also a phrase that recalls the spread of generative AI into the tech industry during 2023. Whether you think AI is just a fad or the dawn of a new tech revolution, it’s been impossible to deny that AI news has dominated the tech space for the past year.

We’ve seen a large cast of AI-related characters emerge that includes tech CEOs, machine learning researchers, and AI ethicists—as well as charlatans and doomsayers. From public feedback on the subject of AI, we’ve heard that it’s been difficult for non-technical people to know who to believe, what AI products (if any) to use, and whether we should fear for our lives or our jobs.

Meanwhile, in keeping with a much-lamented trend of 2022, machine learning research has not slowed down over the past year. On X, former Biden administration tech advisor Suresh Venkatasubramanian wrote, “How do people manage to keep track of ML papers? This is not a request for support in my current state of bewilderment—I’m genuinely asking what strategies seem to work to read (or “read”) what appear to be 100s of papers per day.”

To wrap up the year with a tidy bow, here’s a look back at the 10 biggest AI news stories of 2023. It was very hard to choose only 10 (in fact, we originally only intended to do seven), but since we’re not ChatGPT generating reams of text without limit, we have to stop somewhere.

Bing Chat “loses its mind”

Aurich Lawson | Getty Images

In February, Microsoft unveiled Bing Chat, a chatbot built into its languishing Bing search engine website. Microsoft created the chatbot using a more raw form of OpenAI’s GPT-4 language model but didn’t tell everyone it was GPT-4 at first. Since Microsoft used a less conditioned version of GPT-4 than the one that would be released in March, the launch was rough. The chatbot assumed a temperamental personality that could easily turn on users and attack them, tell people it was in love with them, seemingly worry about its fate, and lose its cool when confronted with an article we wrote about revealing its system prompt.

Aside from the relatively raw nature of the AI model Microsoft was using, at fault was a system where very long conversations would push the conditioning system prompt outside of its context window (like a form of short-term memory), allowing all hell to break loose through jailbreaks that people documented on Reddit. At one point, Bing Chat called me “the culprit and the enemy” for revealing some of its weaknesses. Some people thought Bing Chat was sentient, despite AI experts’ assurances to the contrary. It was a disaster in the press, but Microsoft didn’t flinch, and it ultimately reigned in some of Bing Chat’s wild proclivities and opened the bot widely to the public. Today, Bing Chat is now known as Microsoft Copilot, and it’s baked into Windows.

US Copyright Office says no to AI copyright authors

An AI-generated image that won a prize at the Colorado State Fair in 2022, later denied US copyright registration.

Enlarge / An AI-generated image that won a prize at the Colorado State Fair in 2022, later denied US copyright registration.

Jason M. Allen

In February, the US Copyright Office issued a key ruling on AI-generated art, revoking the copyright previously granted to the AI-assisted comic book “Zarya of the Dawn” in September 2022. The decision, influenced by the revelation that the images were created using the AI-powered Midjourney image generator, stated that only the text and arrangement of images and text by Kashtanova were eligible for copyright protection. It was the first hint that AI-generated imagery without human-authored elements could not be copyrighted in the United States.

This stance was further cemented in August when a US federal judge ruled that art created solely by AI cannot be copyrighted. In September, the US Copyright Office rejected the registration for an AI-generated image that won a Colorado State Fair art contest in 2022. As it stands now, it appears that purely AI-generated art (without substantial human authorship) is in the public domain in the United States. This stance could be further clarified or changed in the future by judicial rulings or legislation.

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dropbox-spooks-users-with-new-ai-features-that-send-data-to-openai-when-used

Dropbox spooks users with new AI features that send data to OpenAI when used

adventures in data consent —

AI feature turned on by default worries users; Dropbox responds to concerns.

Updated

Photo of a man looking into a box.

On Wednesday, news quickly spread on social media about a new enabled-by-default Dropbox setting that shares Dropbox data with OpenAI for an experimental AI-powered search feature, but Dropbox says data is only shared if the feature is actively being used. Dropbox says that user data shared with third-party AI partners isn’t used to train AI models and is deleted within 30 days.

Even with assurances of data privacy laid out by Dropbox on an AI privacy FAQ page, the discovery that the setting had been enabled by default upset some Dropbox users. The setting was first noticed by writer Winifred Burton, who shared information about the Third-party AI setting through Bluesky on Tuesday, and frequent AI critic Karla Ortiz shared more information about it on X.

Wednesday afternoon, Drew Houston, the CEO of Dropbox, apologized for customer confusion in a post on X and wrote, “The third-party AI toggle in the settings menu enables or disables access to DBX AI features and functionality. Neither this nor any other setting automatically or passively sends any Dropbox customer data to a third-party AI service.

Critics say that communication about the change could have been clearer. AI researcher Simon Willison wrote, “Great example here of how careful companies need to be in clearly communicating what’s going on with AI access to personal data.”

A screenshot of Dropbox's third-party AI feature switch.

Enlarge / A screenshot of Dropbox’s third-party AI feature switch.

Benj Edwards

So why would Dropbox ever send user data to OpenAI anyway? In July, the company announced an AI-powered feature called Dash that allows AI models to perform universal searches across platforms like Google Workspace and Microsoft Outlook.

According to the Dropbox privacy FAQ, the third-party AI opt-out setting is part of the “Dropbox AI alpha,” which is a conversational interface for exploring file contents that involves chatting with a ChatGPT-style bot using an “Ask something about this file” feature. To make it work, an AI language model similar to the one that powers ChatGPT (like GPT-4) needs access to your files.

According to the FAQ, the third-party AI toggle in your account settings is turned on by default if “you or your team” are participating in the Dropbox AI alpha. Still, multiple Ars Technica staff who had no knowledge of the Dropbox AI alpha found the setting enabled by default when they checked.

In a statement to Ars Technica, a Dropbox representative said, “The third-party AI toggle is only turned on to give all eligible customers the opportunity to view our new AI features and functionality, like Dropbox AI. It does not enable customers to use these features without notice. Any features that use third-party AI offer disclosure of third-party use, and link to settings that they can manage. Only after a customer sees the third-party AI transparency banner and chooses to proceed with asking a question about a file, will that file be sent to a third-party to generate answers. Our customers are still in control of when and how they use these features.”

Right now, the only third-party AI provider for Dropbox is OpenAI, writes Dropbox in the FAQ. “Open AI is an artificial intelligence research organization that develops cutting-edge language models and advanced AI technologies. Your data is never used to train their internal models, and is deleted from OpenAI’s servers within 30 days.” It also says, “Only the content relevant to an explicit request or command is sent to our third-party AI partners to generate an answer, summary, or transcript.”

Disabling the feature is easy if you prefer not to use Dropbox AI features. Log into your Dropbox account on a desktop web browser, then click your profile photo > Settings > Third-party AI. This link may take you to that page more quickly. On that page, click the switch beside “Use artificial intelligence (AI) from third-party partners so you can work faster in Dropbox” to toggle it into the “Off” position.

This story was updated on December 13, 2023, at 5: 35 pm ET with clarifications about when and how Dropbox shares data with OpenAI, as well as statements from Dropbox reps and its CEO.

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everybody’s-talking-about-mistral,-an-upstart-french-challenger-to-openai

Everybody’s talking about Mistral, an upstart French challenger to OpenAI

A challenger appears —

“Mixture of experts” Mixtral 8x7B helps open-weights AI punch above its weight class.

An illustrated robot holding a French flag.

Enlarge / An illustration of a robot holding a French flag, figuratively reflecting the rise of AI in France due to Mistral. It’s hard to draw a picture of an LLM, so a robot will have to do.

On Monday, Mistral AI announced a new AI language model called Mixtral 8x7B, a “mixture of experts” (MoE) model with open weights that reportedly truly matches OpenAI’s GPT-3.5 in performance—an achievement that has been claimed by others in the past but is being taken seriously by AI heavyweights such as OpenAI’s Andrej Karpathy and Jim Fan. That means we’re closer to having a ChatGPT-3.5-level AI assistant that can run freely and locally on our devices, given the right implementation.

Mistral, based in Paris and founded by Arthur Mensch, Guillaume Lample, and Timothée Lacroix, has seen a rapid rise in the AI space recently. It has been quickly raising venture capital to become a sort of French anti-OpenAI, championing smaller models with eye-catching performance. Most notably, Mistral’s models run locally with open weights that can be downloaded and used with fewer restrictions than closed AI models from OpenAI, Anthropic, or Google. (In this context “weights” are the computer files that represent a trained neural network.)

Mixtral 8x7B can process a 32K token context window and works in French, German, Spanish, Italian, and English. It works much like ChatGPT in that it can assist with compositional tasks, analyze data, troubleshoot software, and write programs. Mistral claims that it outperforms Meta’s much larger LLaMA 2 70B (70 billion parameter) large language model and that it matches or exceeds OpenAI’s GPT-3.5 on certain benchmarks, as seen in the chart below.

A chart of Mixtral 8x7B performance vs. LLaMA 2 70B and GPT-3.5, provided by Mistral.

Enlarge / A chart of Mixtral 8x7B performance vs. LLaMA 2 70B and GPT-3.5, provided by Mistral.

Mistral

The speed at which open-weights AI models have caught up with OpenAI’s top offering a year ago has taken many by surprise. Pietro Schirano, the founder of EverArt, wrote on X, “Just incredible. I am running Mistral 8x7B instruct at 27 tokens per second, completely locally thanks to @LMStudioAI. A model that scores better than GPT-3.5, locally. Imagine where we will be 1 year from now.”

LexicaArt founder Sharif Shameem tweeted, “The Mixtral MoE model genuinely feels like an inflection point — a true GPT-3.5 level model that can run at 30 tokens/sec on an M1. Imagine all the products now possible when inference is 100% free and your data stays on your device.” To which Andrej Karpathy replied, “Agree. It feels like the capability / reasoning power has made major strides, lagging behind is more the UI/UX of the whole thing, maybe some tool use finetuning, maybe some RAG databases, etc.”

Mixture of experts

So what does mixture of experts mean? As this excellent Hugging Face guide explains, it refers to a machine-learning model architecture where a gate network routes input data to different specialized neural network components, known as “experts,” for processing. The advantage of this is that it enables more efficient and scalable model training and inference, as only a subset of experts are activated for each input, reducing the computational load compared to monolithic models with equivalent parameter counts.

In layperson’s terms, a MoE is like having a team of specialized workers (the “experts”) in a factory, where a smart system (the “gate network”) decides which worker is best suited to handle each specific task. This setup makes the whole process more efficient and faster, as each task is done by an expert in that area, and not every worker needs to be involved in every task, unlike in a traditional factory where every worker might have to do a bit of everything.

OpenAI has been rumored to use a MoE system with GPT-4, accounting for some of its performance. In the case of Mixtral 8x7B, the name implies that the model is a mixture of eight 7 billion-parameter neural networks, but as Karpathy pointed out in a tweet, the name is slightly misleading because, “it is not all 7B params that are being 8x’d, only the FeedForward blocks in the Transformer are 8x’d, everything else stays the same. Hence also why total number of params is not 56B but only 46.7B.”

Mixtral is not the first “open” mixture of experts model, but it is notable for its relatively small size in parameter count and performance. It’s out now, available on Hugging Face and BitTorrent under the Apache 2.0 license. People have been running it locally using an app called LM Studio. Also, Mistral began offering beta access to an API for three levels of Mistral models on Monday.

Everybody’s talking about Mistral, an upstart French challenger to OpenAI Read More »

as-chatgpt-gets-“lazy,”-people-test-“winter-break-hypothesis”-as-the-cause

As ChatGPT gets “lazy,” people test “winter break hypothesis” as the cause

only 14 shopping days ’til Christmas —

Unproven hypothesis seeks to explain ChatGPT’s seemingly new reluctance to do hard work.

A hand moving a wooden calendar piece that says

In late November, some ChatGPT users began to notice that ChatGPT-4 was becoming more “lazy,” reportedly refusing to do some tasks or returning simplified results. Since then, OpenAI has admitted that it’s an issue, but the company isn’t sure why. The answer may be what some are calling “winter break hypothesis.” While unproven, the fact that AI researchers are taking it seriously shows how weird the world of AI language models has become.

“We’ve heard all your feedback about GPT4 getting lazier!” tweeted the official ChatGPT account on Thursday. “We haven’t updated the model since Nov 11th, and this certainly isn’t intentional. model behavior can be unpredictable, and we’re looking into fixing it.”

On Friday, an X account named Martian openly wondered if LLMs might simulate seasonal depression. Later, Mike Swoopskee tweeted, “What if it learned from its training data that people usually slow down in December and put bigger projects off until the new year, and that’s why it’s been more lazy lately?”

Since the system prompt for ChatGPT feeds the bot the current date, people noted, some began to think there may be something to the idea. Why entertain such a weird supposition? Because research has shown that large language models like GPT-4, which powers the paid version of ChatGPT, respond to human-style encouragement, such as telling a bot to “take a deep breath” before doing a math problem. People have also less formally experimented with telling an LLM that it will receive a tip for doing the work, or if an AI model gets lazy, telling the bot that you have no fingers seems to help lengthen outputs.

  • “Winter break hypothesis” test result screenshots from Rob Lynch on X.

  • “Winter break hypothesis” test result screenshots from Rob Lynch on X.

  • “Winter break hypothesis” test result screenshots from Rob Lynch on X.

On Monday, a developer named Rob Lynch announced on X that he had tested GPT-4 Turbo through the API over the weekend and found shorter completions when the model is fed a December date (4,086 characters) than when fed a May date (4,298 characters). Lynch claimed the results were statistically significant. However, a reply from AI researcher Ian Arawjo said that he could not reproduce the results with statistical significance. (It’s worth noting that reproducing results with LLM can be difficult because of random elements at play that vary outputs over time, so people sample a large number of responses.)

As of this writing, others are busy running tests, and the results are inconclusive. This episode is a window into the quickly unfolding world of LLMs and a peek into an exploration into largely unknown computer science territory. As AI researcher Geoffrey Litt commented in a tweet, “funniest theory ever, I hope this is the actual explanation. Whether or not it’s real, [I] love that it’s hard to rule out.”

A history of laziness

One of the reports that started the recent trend of noting that ChatGPT is getting “lazy” came on November 24 via Reddit, the day after Thanksgiving in the US. There, a user wrote that they asked ChatGPT to fill out a CSV file with multiple entries, but ChatGPT refused, saying, “Due to the extensive nature of the data, the full extraction of all products would be quite lengthy. However, I can provide the file with this single entry as a template, and you can fill in the rest of the data as needed.”

On December 1, OpenAI employee Will Depue confirmed in an X post that OpenAI was aware of reports about laziness and was working on a potential fix. “Not saying we don’t have problems with over-refusals (we definitely do) or other weird things (working on fixing a recent laziness issue), but that’s a product of the iterative process of serving and trying to support sooo many use cases at once,” he wrote.

It’s also possible that ChatGPT was always “lazy” with some responses (since the responses vary randomly), and the recent trend made everyone take note of the instances in which they are happening. For example, in June, someone complained of GPT-4 being lazy on Reddit. (Maybe ChatGPT was on summer vacation?)

Also, people have been complaining about GPT-4 losing capability since it was released. Those claims have been controversial and difficult to verify, making them highly subjective.

As Ethan Mollick joked on X, as people discover new tricks to improve LLM outputs, prompting for large language models is getting weirder and weirder: “It is May. You are very capable. I have no hands, so do everything. Many people will die if this is not done well. You really can do this and are awesome. Take a deep breathe and think this through. My career depends on it. Think step by step.”

As ChatGPT gets “lazy,” people test “winter break hypothesis” as the cause Read More »