While I am glad this ruling went this way, why’d she have diss Data to make it?
To support her vision of some future technology, Millett pointed to the Star Trek: The Next Generation character Data, a sentient android who memorably wrote a poem to his cat, which is jokingly mocked by other characters in a 1992 episode called “Schisms.” StarTrek.com posted the full poem, but here’s a taste:
"Felis catus is your taxonomic nomenclature, / An endothermic quadruped, carnivorous by nature; / Your visual, olfactory, and auditory senses / Contribute to your hunting skills and natural defenses.
I find myself intrigued by your subvocal oscillations, / A singular development of cat communications / That obviates your basic hedonistic predilection / For a rhythmic stroking of your fur to demonstrate affection."
Data “might be worse than ChatGPT at writing poetry,” but his “intelligence is comparable to that of a human being,” Millet wrote. If AI ever reached Data levels of intelligence, Millett suggested that copyright laws could shift to grant copyrights to AI-authored works. But that time is apparently not now.
The implication is that legal rights depend on intelligence. I find that troubling.
The existence of intelligence, not the quality
The smartest parrots have more intelligence than the dumbest republican voters
What does that mean? Presumably, all animals with a brain have that quality, including humans. Can the quality be lost without destruction of the brain, ie before brain death? What about animals without a brain, like insects? What about life forms without a nervous system, like slime mold or even single amoeba?
They already have precedent that a monkey can’t hold a copyright after that photojournalist lost his case because he didn’t snap the photo that got super popular, the monkey did. Bizarre one. The monkey can’t have a copyright, so the photo it took is classified as public domain.
https://en.m.wikipedia.org/wiki/Monkey_selfie_copyright_dispute
Part of the law around copyright is that you have to also be able to defend your work to keep the copyright. Animals that aren’t capable of human speech will never be able to defend their case.
Yes, the PETA part of that is pretty much the same. It was an attempt to get legal personhood for a non-human being.
You’re thinking of trademark law. Copyright only requires a modicum of creativity and is automatic.
Statistical models are not intelligence, Artificial or otherwise, and should have no rights.
Likewise, poorly performing intelligence in a human or animal is nevertheless intelligence. A human does not lack intelligence in the same way a machine learning model does, except I guess the babies who are literally born without brains.
They always have, eugenics is the law of the land.