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AI The Courts

Following Lawsuit, Rep Admits 'AI' George Carlin Was Human-Written (arstechnica.com) 58

An anonymous reader shares a report: The estate of George Carlin has filed a federal lawsuit against the comedy podcast Dudesy for an hour-long comedy special sold as an AI-generated impression of the late comedian. But a representative for one of the podcast hosts behind the special now admits that it was actually written by a human. In the lawsuit, filed by Carlin manager Jerold Hamza in a California district court, the Carlin estate points out that the special, "George Carlin: I'm Glad I'm Dead," (which was set to "private" on YouTube shortly after the lawsuit was filed) presents itself as being created by an AI trained on decades worth of Carlin's material. That training would, by definition, involve making "unauthorized copies" of "Carlin's original, copyrighted routines" without permission in order "to fabricate a semblance of Carlin's voice and generate a Carlin stand-up comedy routine," according to the lawsuit.

Despite the presentation as an AI creation, there was a good deal of evidence that the Dudesy podcast and the special itself were not actually written by an AI, as Ars laid out in detail this week. And in the wake of this lawsuit, a representative for Dudesy host Will Sasso admitted as much to The New York Times. "It's a fictional podcast character created by two human beings, Will Sasso and Chad Kultgen," spokeswoman Danielle Del told the newspaper. "The YouTube video 'I'm Glad I'm Dead' was completely written by Chad Kultgen." Regardless of that admission, Carlin estate lawyer Josh Schiller told the Times that the lawsuit would move forward. "We don't know what they're saying to be true," he said. "What we will know is that they will be deposed. They will produce documents, and there will be evidence that shows one way or another how the show was created."

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Following Lawsuit, Rep Admits 'AI' George Carlin Was Human-Written

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  • Saying an AI coughed up the product of consuming Carlin's work was the death knell of their client, so now it's a human that wrote it all.

    I doubt the story is so clean as that, but it'll give them a much better time in court to assert otherwise.

  • by dskoll ( 99328 )

    I posted a comment on the original video asking if the AI had written it or if it was just used to create the voice. It seemed too good to have been AI-written (though it was nowhere near as good as the real George Carlin.)

  • It sucked either way.

  • Whether AI created or human written, isn't this protected as Fair Use because it is a parody? Would be interesting to see if AI creations have the same Fair Use doctrine protections.
    • by Junta ( 36770 )

      I don't see that it ever claimed or acted like a parody *of* George Carlin. In fact, at least from the snippet I saw and read, I don't think it was being a parody of anything. Just because it is comedy does not mean it is "parody".

      • Well to be fair the law doesn't specify that it has to be a GOOD parody...

        • by HBI ( 10338492 )

          The law doesn't state anything about parody at all.

          Section 107 - Fair use [cornell.edu]

          Taking a gander at Section 107, a lot of the language used seems to stab a blade into the heart of LLMs - they'd have to essentially license the works they are training on by a plain reading.

          • by Rei ( 128717 )

            Kelly v. Arriba Soft Corporation, 336 F.3d 811 (9th Cir. 2003)
            Authors Guild v. Google, Inc., 804 F.3d 202 (2d Cir. 2015)
            A.V. v. iParadigms 562 F.3d 630 (2009)

            And numerous other cases disagree with your reading. 17 U.S. Code 107 is general guidelines, not codified analysis principles (Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985)). Specifically in this regard, courts have cared about whether the use of the copyrighted work is to create a product or service under which any outputs are transform

            • by HBI ( 10338492 )

              I personally wouldn't have a warm fuzzy heading into litigation on this particular issue. I think the decision is going to go the other way on fair use, and probably because of the effect on the industry in question if you can just get a LLM to spit up something analagous to what you used to pay a human to do.

              But opinions can differ, yours is a valid point of view.

            • You're free to use copyrighted works to create a product or service whose character is nothing like the works you used. And in general courts have been very lenient with such "transformative" character determinations.

              But I would argue a comedy special using AI George Carlin who was a stand-up comedian is probably not sufficiently transformative. While 17 US Code 107 is not codified analysis, the four factor analysis is used by many courts as a test for fair use. The last factor: "the effect of the use upon the potential market for or value of the copyrighted work" would be in favor of the estate as it would dilute the market for George Carlin stand-up if anyone could just generate George Carlin comedy specials.

          • The law doesn't state anything about parody at all.

            Section 107 - Fair use [cornell.edu]

            Taking a gander at Section 107, a lot of the language used seems to stab a blade into the heart of LLMs - they'd have to essentially license the works they are training on by a plain reading.

            Parody as fair use under 107 was established courtesy the 2 Live Crew https://en.wikipedia.org/wiki/... [wikipedia.org].
            Note that when the law lists cases of fair use, the wording is "such as", it's not an exhaustive list. Similarly the four factors listed are preceded by the context "In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—", so obviously other factors are expected to be relevant and there's no guidance in the the law on how they a

            • and there's no guidance in the the law on how they are to be weighted

              No there is plenty of guidance on how they are to be weighted based on case law. The guidance is not one factor is more important than the others. All factors to be weighted according to the situation. What you mean to say is there is no generic mathematical formula for the weight: "Factor 1 is 35%, factor 2 is 10%, etc"

              • and there's no guidance in the the law on how they are to be weighted

                No there is plenty of guidance on how they are to be weighted based on case law. The guidance is not one factor is more important than the others. All factors to be weighted according to the situation. What you mean to say is there is no generic mathematical formula for the weight: "Factor 1 is 35%, factor 2 is 10%, etc"

                "the law" in that context refers to section 107, the case law are in the links. I credit the 2 Live Crew with bringing the case that established the case law, not rewriting 107. I'm sorry if this wasn't clear to you.

        • by Junta ( 36770 )

          an imitation of the style of a particular writer, artist, or genre with deliberate exaggeration for comic effect.

          There seems to be no intent of deliberate exaggeration or any intended distortion. It was intended as a close as possible to true extrapolation of Carlin to the modern day.

          It's not even a matter of quality, it's a matter of there not even being an intent to be a parody. It intended to be comedic, but not as a parody.

    • What if Chad Kultgen learned everything he knew about George Carlin from watching pirated content?

    • by Rei ( 128717 )

      It's fair use because automatic processing of copyrighted data to produce new, transformative goods and services is fair use.

      Whether it's parody, that's a harder question. For example, The Cat is Not In The Hat [wikipedia.org], which satirized the O.J. Simpson trial [youtube.com] in the style of Dr. Seuss, was found to not be parody, because they weren't using Geisel's works to satyrize anything about Geisel, but rather an entirely unrelated topic, and the work could just have readily been made in a non-diminished manner without using

      • because automatic processing of copyrighted data to produce new, transformative goods and services is fair use.

        Where do you come up with this bullshit, really?

        • We have case law on that, which he even referred to in the last paragraph. It's not bullshit, it's very famous established legal precedent. If you aren't familiar with the most famous rulings with regards to the subject area maybe you shouldn't be trying to call bullshit on people who are better versed with the material?

        • by Rei ( 128717 )

          Scroll up [slashdot.org].

      • Whether it's parody, that's a harder question. For example, The Cat is Not In The Hat [wikipedia.org], which satirized the O.J. Simpson trial [youtube.com] in the style of Dr. Seuss, was found to not be parody, because they weren't using Geisel's works to satyrize anything about Geisel, but rather an entirely unrelated topic, and the work could just have readily been made in a non-diminished manner without using Geisel's works.

        What does that mean for modern meme images? The entire point of the meme format is to recognize and call out tropisms from one work and apply them to another completely separate work. For example, the Anakin/Amidala scene makes a copy of images from a copyrighted work, then uses those images to satirize entirely unrelated topics - not anything about George Lucas's works. The points raised in the political/social commentary could just as readily be delivered without using Lucas's works, couldn't they?

        What if

  • by CoderFool ( 1366191 ) on Monday January 29, 2024 @10:04AM (#64197218)
    Why not have fake AI to stack on top of all the other fakery that's going on.

    Fake News
    Fake Facts
    Fake Polls
    Fake Studies
    Fake Experts
    Fake Scientists
    Fake Lawyers
    and now for something almost completely different
    Fake AI

    DISCLAIMER: This post was written by AI (or was it?)
  • On the last article I left a comment about how I used to love Will Saso.

    That wasn't some random psychic revelation - it was printed in some article (TFA?)

    Wait, is this lawsuit really about what the journalist thinks it's about?

  • It pitched itself as "Carlin", not in a parody or satirical way, but straight up claiming to be the definitive "if Carlin were alive, here's what his sincere take would be, as realized by an impartial AI". Not "I'm a Carlin-style comedian and this is what *I* think, but literally putting words in Carlin's dead mouth. While trying to claim AI to legitimize your claim that "It's not me, it's Carlin, as an impartial AI extrapolated from his work". Even if the script was written by humans, the AI claim was u

    • Meh, if I make a video of a sock puppet that says "Hey I'm George Carlin! Look at me! Fuck shit damn asshole bastard bitch!" is that really any different...

  • by VanGarrett ( 1269030 ) on Monday January 29, 2024 @10:41AM (#64197376)

    Am I the only one who read that this guy said only the video was AI? Dude wrote and voiced it himself, and said as much, somewhere. He only used AI to create the video.

    • Nah, many of us noticed it and even tried to tell folks that it was not AI scripted. LLMs suck at writing jokes, and the weasel-y way they worded the description of the video made it obvious the only AI likely involved was the voice generation.

  • Artificial artificial intelligence is coming for your job!

  • Reading the transcript of the jokes made it pretty obvious that it was some hack writer trying to put his own words into George Carlin's mouth. Sure, Carlin might have said stuff in that way, but he never would have said that, because the jokes just smacked of 23 year old "I know everything and you need to believe the one truth" which Carlin would have despised. Carlin's work was far more insightful. It didn't tell you what to think; it just showed the same things you think you already know but in a diff
  • BWAAAAAHAHAHAHAH!!

  • Only human beings could have made a character as unfunny as Dudsey.

  • by peterww ( 6558522 ) on Monday January 29, 2024 @12:59PM (#64197958)

    whether it was written by AI or a human. The point is that they were intentionally using a different artist's name and persona, without his consent, in order to make money. It's the same thing as making a tennis shoe with a Nike swish on it without asking Nike first. You're ripping off somebody else, trying to profit off their image.

    The "comedy special" they created was actually shit, so I totally agree with Carlin's estate going after them. Don't sully George's name with your shitty special.

  • Now go after all the tribute bands and professional impersonators out there making money off other people's work.
    While we're at it, let's charge anyone that does an impression with producing an unlicensed derivative work.
    That'll teach 'em.

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