Other components of the governance model include privacy and data protection legislation, research ethics that should guide the researchers and developers, and social (or community) norms.

There are con -cerns about the responsibilities of researchers and developers who use publicly available data to build AI. Copyright measures are not the best way to address these issues, and open licensing is not the best way to safeguard digital rights and uphold ethical behavior. To address the factors that contributed to the misuse of open cont... See more

cases of obvious harm should be distinguished from those in which there is a sense of potential harm, or the issue is one of the unexpected uses

Stewards of the information commons – and in particular organizations manag -ing open licensing frameworks and content-sharing platforms – are among those stakeholders who should face the challenge of mitigating risks and harms associ -ated with and caused by the open sharing of content as an information commons. These stakeholders need to collabor... See more

An alternative process entails introducing additional rules and limits to reuse while adhering to the general vision of the commons. Such a more robust form of commons-based ordering has often not been considered a form of openness in the past 3 . It involves harnessing non-copyright-based tools, introducing other legal mechanisms, and considering ... See more

Another proposed solution would entail technical means of tracking uses of openly shared works, which could benefit from advances in web technologies. These tools would make downstream (re)uses of content traceable and, therefore, legible to licensors, creating opportunities to interact with users and potentially enforce additional norms

In its opinion on the case from 2021 , Creative Commons acknowledged that “The legal uncertainty caused by ethical concerns around AI, the lack of transparency of AI algorithms, and the patterns of privatization and enclosure of AI outputs, all together constitute yet another obstacle to better sharing. 4

dealing with bad actors and reducing harm is not the same as in -centivizing good actors to establish best practices and good dataset governance.

here are two basic approaches to creating AI datasets. The first one, which is typical of the case we have been studying, a pool of open works is purposefully chosen to ensure license compliance. The second approach creates the dataset by scraping the “raw internet” and relying on copyright exceptions. LAION , a dataset of 400 million image-text pa... See more