Those claiming AI training on copyrighted works is "theft" misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they're extracting general patterns and concepts - the "Bob Dylan-ness" or "Hemingway-ness" - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in "vector space". When generating new content, the AI isn't recreating copyrighted works, but producing new expressions inspired by the concepts it's learned.
This is fundamentally different from copying a book or song. It's more like the long-standing artistic tradition of being influenced by others' work. The law has always recognized that ideas themselves can't be owned - only particular expressions of them.
Moreover, there's precedent for this kind of use being considered "transformative" and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it's understandable that creators feel uneasy about this new technology, labeling it "theft" is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn't make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
If we have an AI that's equivalent to humanity in capability of learning and creative output/transformation, it would be immoral to just use it as a tool. At least that's how I see it.
I think that's a huge risk, but we've only ever seen a single, very specific type of intelligence, our own / that of animals that are pretty closely related to us.
Movies like Ex Machina and Her do a good job of pointing out that there is nothing that inherently means that an AI will be anything like us, even if they can appear that way or pass at tasks.
It's entirely possible that we could develop an AI that was so specifically trained that it would provide the best script editing notes but be incapable of anything else for instance, including self reflection or feeling loss.