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IBM, and Some Other Companies Did Not Inform People When Using Their Photos From Flickr To Train Facial Recognition Systems (nbcnews.com)

IBM and some other firms are using at least a million of images they have gleaned from Flickr to help train a facial recognition system. Although the photos in question were shared under a Creative Commons license, many users say they never imagined their images would be used in this way. Furthermore, the people shown in the images didn't consent to anything. From a report: "This is the dirty little secret of AI training sets. Researchers often just grab whatever images are available in the wild," said NYU School of Law professor Jason Schultz. The latest company to enter this territory was IBM, which in January released a collection of nearly a million photos that were taken from the photo hosting site Flickr and coded to describe the subjects' appearance. IBM promoted the collection to researchers as a progressive step toward reducing bias in facial recognition. But some of the photographers whose images were included in IBM's dataset were surprised and disconcerted when NBC News told them that their photographs had been annotated with details including facial geometry and skin tone and may be used to develop facial recognition algorithms. (NBC News obtained IBM's dataset from a source after the company declined to share it, saying it could be used only by academic or corporate research groups.)

"None of the people I photographed had any idea their images were being used in this way," said Greg Peverill-Conti, a Boston-based public relations executive who has more than 700 photos in IBM's collection, known as a "training dataset." "It seems a little sketchy that IBM can use these pictures without saying anything to anybody," he said. John Smith, who oversees AI research at IBM, said that the company was committed to "protecting the privacy of individuals" and "will work with anyone who requests a URL to be removed from the dataset." Despite IBM's assurances that Flickr users can opt out of the database, NBC News discovered that it's almost impossible to get photos removed. IBM requires photographers to email links to photos they want removed, but the company has not publicly shared the list of Flickr users and photos included in the dataset, so there is no easy way of finding out whose photos are included. IBM did not respond to questions about this process.

105 comments

  1. Which brand of Creative Commons license? by reanjr · · Score: 5, Interesting

    There's no implication IBM did anything wrong. This is what the Creative Commons licenses are for. What's the story?

    1. Re:Which brand of Creative Commons license? by Anonymous Coward · · Score: 5, Insightful

      Exactly! What the fuck? "I shared something and someone viewed it, it's not supposed to happen!" YES, IT IS, DERP.

    2. Re:Which brand of Creative Commons license? by Anonymous Coward · · Score: 2, Insightful

      It's the same story as yesterday. Idiots who have no idea what they're doing are outraged again. They'll go nuts again tomorrow.

    3. Re:Which brand of Creative Commons license? by Anonymous Coward · · Score: 1

      I DIDN'T UNDERSTAND WHAT I AGREED TO AND IT"S SOMEONE ELSE'S FAULT!!!11!!!11

      My boyfriend took those pictures. I was drunk. I needed the money.

    4. Re: Which brand of Creative Commons license? by Anonymous Coward · · Score: 4, Insightful

      "The photos were shared but not with this use in mind." - Too bad! "Granted it is splitting hairs" - Sure is! "but it does bother some people" - Who DID IT TO THEMSELVES, sure. Who cares about them?

      " Imagine if you were one of the people in the photo's background." - I don't pose for group pictures. I value my privacy to the extent that I do stuff specifically to keep it, like not sharing or appearing in photos with insta-bombers.

      "Those people don't get much say when you share the photo." - Damn straight, welcome to the world. This is just a fact of living in a society where taking pictures and sharing them is generally not illegal. People are upset? Aww.

      Poor little things have to try harder if they want to stay out of photos on the internet. So sorry, but the internet isn't going to forget what you tell it just because you didn't expect it to remember, or think of the outcomes ahead of time.

    5. Re: Which brand of Creative Commons license? by viperidaenz · · Score: 2

      If this isn't the use they wanted, the licence shouldn't be allowing it. But it does, so too bad.

    6. Re:Which brand of Creative Commons license? by DickBreath · · Score: 2

      That is exactly right!

      Someone shared photos on CC, and someone else used it to train an AI.

      So what!

      Nothing is wrong with that.

      But I would be curious to know what is wrong with that in someone's imagination where that is wrong.

      The trained neural network consists of matricies of connection weights. No images are in the trained network. Just 'trained' interconnection weights.

      --

      I'll see your senator, and I'll raise you two judges.
    7. Re: Which brand of Creative Commons license? by DickBreath · · Score: 2

      > The photos were shared but not with this use in mind.

      When I shared the photo I imagined someone might use it for a hamburger advertisement.

      But OMG!!! Someone used it for a hot dog advertisement! I never had this use in mind when I shared it!

      --

      I'll see your senator, and I'll raise you two judges.
    8. Re:Which brand of Creative Commons license? by DickBreath · · Score: 3

      > They'll go nuts again tomorrow.

      Uh, No.

      They stay nuts continuously. You just notice it again tomorrow. But they were nuts the entire time. So they don't go nuts again. They are nuts still.

      --

      I'll see your senator, and I'll raise you two judges.
    9. Re: Which brand of Creative Commons license? by DickBreath · · Score: 1

      Please don't forget 'social media influencers'.

      --

      I'll see your senator, and I'll raise you two judges.
    10. Re: Which brand of Creative Commons license? by Anonymous Coward · · Score: 0

      None of your examples are even close to the same thing.

      As someone who has worked with photos in a similar way, I can say. It does matter. The photos were shared but not with this use in mind.

      The photos being viewed was *exactly* the use they had in mind, or they wouldn't have been posted publicly.

      The *only* thing that matters is abiding by the license the photos are under.
      Since IBM isn't even distributing the photos at all, copyright doesn't come into play and so they don't need any specific license to do a thing they are not doing in the first place.

      Granted it is splitting hairs, but it does bother some people when this happens. (Some companies got in troubble for a similar issue a few years back when some tourists found their photos on billboards in other countries.)

      Putting a photo on a billboard is a clear distribution of the work, and must follow copyright law.
      That means a license granting them permission to do that.

      IBM isn't distributing the images at all. They *viewed* them, or specifically the AI trainer software viewed them, made a neural model, and the image was discarded after.

      This would be like publicly posting a picture for all to see, me making an MD5 hash of it, and giving out the hash without the photo.
      I'm not giving out the photo, nor can the photo be recreated from the hash.

      Imagine if you were one of the people in the photo's background. Those people don't get much say when you share the photo. So having their image in an AI database somewhere could be potentially problematic for them.

      Sure, but that's not happening here, so what is the problem?
      Save your complaints about storing the photo for when someone actually does that.

      Besides not every photo on flikr is creative commons.

      No, but the ones that were viewed by the AI trainer were. Or at least were tagged with that license.

      So sure if you were the subject in a picture that someone else took and illegally reposed on flikr under a license they had no right to use, then yes you have a valid complaint - a complaint against the person that did that.

      Complaining IBM viewed it is like complaining I viewed it or you viewed it.
      The violation was done by the person that posted it, not the viewers that had no reason to think the image poster didn't actually have permission to do that.

      Again, someone takes a picture they don't have rights to and uploads it to flikr. You view that picture. You viewed it, not downloaded or uploaded elsewhere.
      Now you are saying you committed a crime by reuploading it, when you did no such thing.

    11. Re: Which brand of Creative Commons license? by HalWasRight · · Score: 1

      Moderators, please upvote this AC's post ^^^^^^^^^

      --
      "This mission is too important to allow you to jeopardize it." -- HAL
    12. Re: Which brand of Creative Commons license? by Anonymous Coward · · Score: 0

      I'm just curious. Were they under a Non-commercial license? Did IBM derive monetary value from their use by importing them in the form of a data structure comprising a trained AI system and then selling services utilizing that system or from selling the system itself?

      This strikes me as more like a typical GPL violation.

    13. Re: Which brand of Creative Commons license? by novakyu · · Score: 1

      Hamburger is perfectly fine food, but hot dog is an abomination. THOU SHALT NOT MAKE FOOD IN THE IMAGE OF DOG, thus says OC Bible.

    14. Re: Which brand of Creative Commons license? by Anonymous Coward · · Score: 1

      I bet there is some technical violation there, but to get to the point of suing them in reality where lawyers cost money and nitpicking is either subsidized heavily or waved aside, who's going to prove damaged by this? \

      Against alphabet, IBM, etc?

      Nobody. Nobody is. There's no white knight of the law that's going to pick that scab unless there's millions of dollars in it.

    15. Re: Which brand of Creative Commons license? by Miser · · Score: 1

      100% this. If your photos are "public" (without having to authenticate to whatever $social_media site you put them on, you should have no expectation of privacy. Like the other posters below said, I try very hard to guard where my photos are taken and if they are specifically ask what is going to be done with them.

      -Miser

    16. Re: Which brand of Creative Commons license? by GLMDesigns · · Score: 1

      Don't forget including their wife's boyfriend in their wedding pictures.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    17. Re: Which brand of Creative Commons license? by DickBreath · · Score: 1

      Hot dogs are made in the image of, um, something. I like to put a hamburger in my mouth. So I also similarly like hot dogs.

      --

      I'll see your senator, and I'll raise you two judges.
    18. Re: Which brand of Creative Commons license? by DickBreath · · Score: 1

      Also include the husband's boyfriend in the pictures too please. Don't discriminate.

      There is no problem so great that it cannot be solved by adding more government regulation and taxes.

      --

      I'll see your senator, and I'll raise you two judges.
    19. Re: Which brand of Creative Commons license? by reanjr · · Score: 1

      Oh mighty Shai-hulud
      Keeper of balance

      Bless the Maker and His water
      Bless the coming and going of Him
      May His passage cleanse the world

  2. why is this a surprise now? by Anonymous Coward · · Score: 5, Insightful

    Your photos are public. What the hell do you expect?

    Someone tell these people how search engines work.

    1. Re:why is this a surprise now? by Luthair · · Score: 2

      Well, they were able to whine their way into Flickr cancelling selling prints of Creative Commons works - https://www.forbes.com/sites/p...

    2. Re:why is this a surprise now? by The-Ixian · · Score: 1

      Ok, but what about pictures that you are in, taken and uploaded by someone else without your consent?

      --
      My eyes reflect the stars and a smile lights up my face.
    3. Re:why is this a surprise now? by aitikin · · Score: 2

      Ok, but what about pictures that you are in, taken and uploaded by someone else without your consent?

      Standard /. IANAL response: like it or not, our current copyright system has no protections for you in that situation. Only the person who photographed you. Now, if they were invading your privacy doing so, you have grounds for recompense, but if you were in a public place and/or gave them permission to take your photo, legally, they had the right to take the photo and do what they want with it.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    4. Re:why is this a surprise now? by Anonymous Coward · · Score: 0

      That's the (only) valid question here, IMO. In that case, the situation is murkier, because the target did not consent.

      I feel like that case should enjoy some legal protections. Simply having some assclown point a camera at you should not automatically sign you up for every face recognition database on the planet.

    5. Re:why is this a surprise now? by Anonymous Coward · · Score: 0

      Keep dreaming. You wish someone wanted to jerk off to your picture.

      /me jerks off to a map of 5G cellular towers... mmm, baby, that's so fucking HOT!

      (Seriously AI Goddess! You're a sexy sexy giantess!)

    6. Re:why is this a surprise now? by Anonymous Coward · · Score: 0

      As long as they don't photoshop you selling Pepsi, Sex Wax, etc. It is legal for the sale and presentation under "art" in the US.

    7. Re:why is this a surprise now? by angel'o'sphere · · Score: 2

      A photo on a public accessible web site does not make the photo public available or public domain.
      Try copying a photo from New York Times or similar and lets see how far that gets you ... moron.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    8. Re:why is this a surprise now? by Anonymous Coward · · Score: 0

      A photo on a public accessible web site does not make the photo public available

      It does exactly that. That is literally how the web works. Wishful thinking does not alter reality.

    9. Re:why is this a surprise now? by AHuxley · · Score: 1

      Images had different ways of been sold to a newspaper and got used in different ways.
      Photography sent to a newspaper could be sold to the newspaper. The newspaper would then own that image.
      The newspaper could use the image as they wanted.

      The newspaper could be allowed to use the image with the rights staying with the photographer.
      The photographer could then use the image in books, magazines as they wanted as it was still their image to use.

      --
      Domestic spying is now "Benign Information Gathering"
    10. Re:why is this a surprise now? by angel'o'sphere · · Score: 1

      Exactly, and hence using the photo for AI research would be a breach of copyright ... for funk sake, work on your reading comprehension ...

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    11. Re:why is this a surprise now? by AHuxley · · Score: 1

      Thats something for the new internet to work out. The new internet is not a like a newspaper :)

      --
      Domestic spying is now "Benign Information Gathering"
    12. Re:why is this a surprise now? by Anonymous Coward · · Score: 0

      We're not talking about that though.

      We're talking about a photo with an explicit license that allows copying under specific conditions, and IBM met those conditions, but then the photographer says after the fact "oh, I didn't know you were going to do THAT".

    13. Re:why is this a surprise now? by 1u3hr · · Score: 1

      "sing the photo for AI research would be a breach of copyright "

      No. Republishing the photos would be breach of copyright -- that's what the "copy" in the word means. Analysing the photos is no more infringing than watching a movie and publishing a review is.

    14. Re:why is this a surprise now? by dcw3 · · Score: 1

      Not sure I agree but IANAL. I believe you're not allowed to profit off of someone else's copyright, and if you're feeding it to your AI, you're likely doing so for profit.

      --
      Just another day in Paradise
    15. Re:why is this a surprise now? by The-Ixian · · Score: 1

      Ok, but what about pictures that you are in, taken and uploaded by someone else without your consent?

      Standard /. IANAL response: like it or not, our current copyright system has no protections for you in that situation. Only the person who photographed you. Now, if they were invading your privacy doing so, you have grounds for recompense, but if you were in a public place and/or gave them permission to take your photo, legally, they had the right to take the photo and do what they want with it.

      Which is all perfectly understandable. The only point I was trying to make is that the hard line message of "Well, you uploaded the photo so you are responsible" is not 100% inclusive of all situations.

      --
      My eyes reflect the stars and a smile lights up my face.
    16. Re:why is this a surprise now? by JesseMcDonald · · Score: 1

      I believe you're not allowed to profit off of someone else's copyright

      You believe incorrectly. The rule is that you aren't allowed to profit from copyright infringement. (Of course infringement without profit is also prohibited, but that's considered a lesser offense.) Training an AI on an image is not one of the things copyright law reserves for the copyright holder, and so does not constitute copyright infringement, whether or not it's done for profit.

      Ignoring the "artificial" aspect for a moment, all they're really doing here is looking at the images other people have published and learning to recognize similar images. The idea that this would be prohibited by copyright law is absurd.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  3. Shocked, I tell you by Anonymous Coward · · Score: 2, Insightful

    People place images on the public internet, available to world+dog, and then express surprise and dismay that world+dog has access to the images? What's next, shock and dismay upon learning that Zuckerberg knows more about them than the NSA does?

    1. Re:Shocked, I tell you by DarkRookie2 · · Score: 2, Funny

      Of course he does. The NSA started closing that down since they can just buy the info from him. Another waste of tax payers money.

      --
      http://progressquest.com/spoltog.php?name=Son+Of+Son+Of+DarkRookie
    2. Re: Shocked, I tell you by Anonymous Coward · · Score: 0

      Your mom is wiping the Muslim cum out of her cunt with my moustache, you mean...

  4. Online Discretion by Anonymous Coward · · Score: 0

    Stop posting your shit online.
    Sure sure we'll bleat and make noises about laws to prevent this happening, and appropriate slaps-on-the-wrist to using publicly available images.
    But in the mean time, stop posting your shit online.

  5. You share it, it's out there, Streissands. by Anonymous Coward · · Score: 0

    "Researchers often just grab whatever images are available in the wild" - I fail to see the problem. This is legal. You put your picture out there, they are viewing it with AI. There's no law being broken really even conceptually.

    You may not want them to, and you may have shared it on a platform that says it will ask your consent before sharing it, but legally unless you have been somehow provably damaged I don't see how you'd stop them either way.

    Or moreover, why you should even care to. You shared it, it's out there. That's how it goes.

  6. Not even a harvard comma by skids · · Score: 1

    Whether you love or hate the harvard comma, it is generally agreed you don't use it on two-item lists.

    1. Re:Not even a harvard comma by Anonymous Coward · · Score: 1

      oxford comma?

    2. Re:Not even a harvard comma by Anonymous Coward · · Score: 0

      In the title to the article, "IBM, and Some Other Companies Did Not Inform People When Using Their Photos From Flickr To Train Facial Recognition Systems"

      They could either be using the ', and' as a Harvard Comma (comma separated list with an 'and' at the end), or they meant to have a sub-clause modifier like: "IBM, and Some Other Companies, Did Not Inform People When Using Their Photos From Flickr To Train Facial Recognition Systems" with a comma after Other Companies

      In either case, the title has bad punctuation, take your pick

    3. Re:Not even a harvard comma by viperidaenz · · Score: 1

      I think what the other AC was getting at is the construct or more widely known as an Oxford comma, not a Harvard comma.

    4. Re:Not even a harvard comma by Anonymous Coward · · Score: 0

      Tell it to wikipedia: In English language punctuation, a serial comma or series comma (also called an Oxford comma or a Harvard comma)

      I honestly think that they were going for the clause, "IBM, and Some Other Companies, Did Not Inform People When Using Their Photos From Flickr To Train Facial Recognition Systems", but the capitalization threw them off.

    5. Re:Not even a harvard comma by Anonymous Coward · · Score: 0

      So if I understand this correctly, the Oxford comma and the Harvard comma are the same thing except that the Oxford one talks funny?

      and queue or cue or Q (as in BBQ) the brits saying it's the Harvard one with the funny accent.

    6. Re:Not even a harvard comma by skids · · Score: 1

      An appositive that modifies (restrictive appositive) shouldn't use commas. FWIW.

  7. PhotoSynth by darkain · · Score: 4, Informative

    Flickr photo sets have been used for computational work loads and data mining for well over a decade, this is hardly NEWs.

    https://www.ted.com/talks/blai...

  8. Kobayashi Maru/Sexbot scenario by Anonymous Coward · · Score: 1

    Maybe they could use my image to train sexbot AI's...

    Then I would just tell them that I am Captain James T Kirk, and their synthetic panties all drop for me...

    An incel can dream

  9. It's not the "wild" by SuperKendall · · Score: 4, Insightful

    It's pictures available for public conniption ("conniption" was an autocorrect error too funny to correct).

    Consumption is just what model training is doing; they are not republishing the pictures in any way, just using them to train models - which do not contain any element of images they train from.

    If you put your image in public, how can you be aghast someone has viewed it?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:It's not the "wild" by Anubis+IV · · Score: 1

      they are not republishing the pictures in any way, just using them to train models

      Some of these companies are. I think the nVidia team might be using the same dataset for their work related to deep fakes/facial morphing/generating fake faces, and I recall scrolling last month through a Google Drive folder they had shared with 1 million photos in it that they used as their source material. Even so, the original license allowed them to do so, so these people don't really have much in the way of legal recourse.

    2. Re:It's not the "wild" by Anonymous Coward · · Score: 2, Funny

      It's pictures available for public conniption ("conniption" was an autocorrect error too funny to correct).

      Consumption is just what model training is doing; they are not republishing the pictures in any way, just using them to train models - which do not contain any element of images they train from.

      If you put your image in public, how can you be aghast someone has viewed it?

      Have you ever tried to train a model? They can generally handle instructions like "stand still and look pretty", but more complex training can be difficult.

    3. Re:It's not the "wild" by SuperKendall · · Score: 1

      I recall scrolling last month through a Google Drive folder they had shared with 1 million photos in it that they used as their source material.

      Interesting, I hadn't thought they would actually share the dataset used for training so many faces as it is so large...

      In that case you are probably right that the license ends up mattering, but I wonder if there is not some kind of fair-use argument to be made here since the image is used in an educational context.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    4. Re:It's not the "wild" by dcw3 · · Score: 1

      But aren't they profiting off of the use of the pictures? If so, and the pictures happen to be copyrighted, isn't that a violation?

      --
      Just another day in Paradise
  10. User issue, not company issue. by Gravis+Zero · · Score: 5, Insightful

    Although the photos in question were shared under a Creative Commons license, many users say they never imagined their images would be used in this way

    Just because you lacked the creativity to consider what was possible with your data doesn't mean there is anything improper has happened when they do use it in such a way.

    Also, if you have given away your data thinking that somehow corporations would respect you then you don't really understand what drives corporations.

    The reality is that if it's profitable then a corporation will do it. It doesn't matter if it's morally repugnant, illegal or downright evil because if it's possible to make a profit then there will be a corporation that will do it. Note that being illegal typically means they will be fined which they consider a business expense.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:User issue, not company issue. by Anonymous Coward · · Score: 1

      Well, it DOES matter to some extent or we'd be just as bad as failed states like Venezuela, but the truth is that there was no law that anyone has identified which forbids this and the license specifically allowed that. If you don't like this, then don't license images of your face under a license that lets them do anything with it. Nobody made them put their face under a CC license.

  11. er? by cascadingstylesheet · · Score: 5, Interesting

    Although the photos in question were shared under a Creative Commons license, many users say they never imagined their images would be used in this way.

    Since when is licensing about what you "imagine"?

    1. Re:er? by IcyWolfy · · Score: 1

      Depending on the CC license When the license says : "Licensees may copy, distribute, display and perform the work and make derivative works and remixes based ..."
      One can argue they are creating a work derived from these images, and are complying fully with the terms of the license.

      On a more abstract level, training images is simply looking at an image, and looking at each pixel. (for colour, relation to other colours)
      There are no laws preventing people or companies from "Looking at pictures, and analysing the colours of each pixel within"
      Is that a lapse in law? Not really.
      Is there any recourse from stopping technology from "viewing and analysing the colours used in a image" ? not really.
      Can you stop a person from looking at many pictures of you and "training" to recognize you from your picture? Not really. -- And this the fundamental concept of image-training. Look at a lot of pictures of similar people until you learn, and are able, to look at a new picture and discern who it is.

  12. CC-as-Foreseen license by epine · · Score: 3, Funny

    "None of the people I photographed had any idea their images were being used in this way," said Greg Peverill-Conti, a Boston-based public relations executive who has more than 700 photos in IBM's collection, known as a "training dataset."

    Funny that I've not yet heard about the CC-as-foreseen license, which apparently billions of people have been using, in earnest, all along.

  13. That's not covered by copyright by Solandri · · Score: 2

    Copyright governs your ability to distribute copies of other people's work. There's no distribution going on here, so permission of the copyright holder (photographer) was not needed.

    It might be governed by personality rights - your right to control how your image is used. You could argue the model's consent is needed before using their facial geometry. But personality rights are generally concerned with control over how others perceive your image. Since there's no public perception or exploitation here, it would be an uphill argument.

    AFAIK, there is no basis for prohibiting people from using things you make publicly available (your face every time you walk out in public, unless you wear a burka) to train computer algorithms. Photographers and the press have worked pretty hard to enshrine their right to record images of people in public places. If we want there to be restrictions of using images of people in public places, it'll need to be a new law.

    1. Re:That's not covered by copyright by The-Ixian · · Score: 0

      AFAIK, there is no basis for prohibiting people from using things you make publicly available

      What if you didn't make it publicly available? What if someone else did without your consent?

      --
      My eyes reflect the stars and a smile lights up my face.
    2. Re:That's not covered by copyright by bws111 · · Score: 1

      How does 'someone else' make you appear in public without your consent?

    3. Re:That's not covered by copyright by Anonymous Coward · · Score: 0

      Funny thing, the Internet _is_ publicly available... Maybe you were not aware?

    4. Re:That's not covered by copyright by Anonymous Coward · · Score: 0

      For example, I might shove you out the window onto the public street.

  14. Re:This is the problem. by SuperKendall · · Score: 2

    Many of us are not narcissistic attention seeking whores and do not want to be in the spotlight for any reason.

    (Not sure why you were down-modded?)

    If that is true, you wouldn't have any photos up they could use to train right?

    Also any photos used for training, are never in the spotlight as it were.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  15. Re:This is the problem. by Anonymous Coward · · Score: 0

    "Many of us are not narcissistic attention seeking whores and do not want to be in the spotlight for any reason." - He wasn't referring to you, Kendall.

  16. Nice headline by Anonymous Coward · · Score: 0

    I couldn't get past the grammattical train wreck of a headline, I definitely can't take the rest seriously.

  17. TOO BAD by Anonymous Coward · · Score: 0

    That's their own stupidity for using an online service "cloud". As I always said, the "cloud" is just the latest buzzword for storing your data on other people's servers under their control which always results in them using that data for other reasons.

    Here is another buzzword; "blockchain" which is nothing but CRC 2.0 and instead of a simply math matrix to assure data integrity, it incorporates location, date, time, person, etc. This simply provides more data that can be gleaned by others than know how to read the ledger; that's all it is.

    Stay away from BOTH.

  18. No shit by viperidaenz · · Score: 3, Insightful

    Let me guess, the whole quote should he been something like:
    "None of the people I photographed had any idea their images were being used in this way, but it's all because I decided to put it on the internet with a licence that allows anyone to do anything with it, without explaining to them what I was going to do."

    1. Re:No shit by Anonymous Coward · · Score: 0

      this. was just going to post that myself

  19. A prime case for Solid by Julz · · Score: 1

    Sir Tim Berners Lee's new proposal called Solid [https://solid.inrupt.com/] would be a prime choice for managing the access to your data that companies like IBM have for their scanning. Fine grained access to share and audit data in a decentralised distributed network using blockchain.

    --
    When shit hits the fan get some of these https://youtu.be/pY-GncsZ-UE
  20. As a photographer by Bryansix · · Score: 1

    I could care less. Most people photographed also do not care. I can honestly say that if you get offended by a machine learning algorithm looking at your photo, you might have deep psychological issues. It's not a human. No judgement was made.

    1. Re:As a photographer by iggymanz · · Score: 1

      Just wait till you get targeted with ads because of something about your appearance. And later on, maybe some government might find and target say people in photos having semite shnozzolas for a little extra attention, or [other demographic group with obvious physical features]

    2. Re:As a photographer by Anonymous Coward · · Score: 0

      Attention Iggy moron - Telepresence ROBOTS are, in fact, wait for it, ROBOTS, you clueless moron. Lol, you're so fucking stupid it's funny.

    3. Re:As a photographer by dcw3 · · Score: 1

      Wait until the military version mis-identifies some target and your face was part of the training. Some lawyer is probably already drooling.

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      Just another day in Paradise
  21. Idiot. by viperidaenz · · Score: 3, Insightful

    “It seems a little sketchy that IBM can use these pictures without saying anything to anybody,” he said.

    It seems a little sketchy than this photographer didn't explain to the subjects that he was going to post their image online with a licence that allows anyone to do anything with it for any reason.

    1. Re:Idiot. by IcyWolfy · · Score: 2

      It's up to the photographer to get the model release for distribution of the persons depicted, and to publish.

      But on a more fundamental level:
      Can you stop a person from looking at many pictures of you and people similar to you that are posted online?
      Can you stop a person from looking at many pictures of you in order to learn to recognize your face from any picture as "Anonymous Person 1"? Not really.
      Can you stop a person from looking at many pictures of you, and people similar to you, in order to recognize who are and aren't the people in the pictures (Person 1, Person 2, Person 3)? Not really.

      And this the fundamental concept of image-training.
      Look at a lot of pictures of similar people until you learn, and are able, to look at a new picture and discern who it is.
      It's not identifying any particular person.
      It is just learning to take any given image and to know whether the person in the current image, was seen before in a different image.
      There are currently no laws to prohibit basic learning and discernment.

      If this is outlawed, then it will become cheaper to develop methods train people with this discernment and memory skill, and start a mechanical-turk like service. Which then bypasses all technology based laws.
       

    2. Re:Idiot. by dcw3 · · Score: 1

      And in both cases, sketchy != illegal, and that's all that really matters.

      --
      Just another day in Paradise
  22. Why creative commons? by Gavagai80 · · Score: 2

    The fact that they only used creative commons images suggests there's an actual legal issue with proprietary images, but why? If I save an image from a website to my hard drive, without sharing it, does that make me a criminal? I've been training my brain on face recognition with proprietary images for decades. I've even occasionally indirectly made money from the viewing of proprietary images, as has everyone else.

    Should I pay a royalty every time I imagine a proprietary image I've previously seen?

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    1. Re:Why creative commons? by IcyWolfy · · Score: 2

      If you save an image from a website to your hard-drive for later retrieval -- technically yes, that is copyright infringement.
      Which is one reason many websites require a "right to copy, distribute, and transform" anything you upload. Because computers fundamentally require copying ( to memory, to hard disk, to CPU) and transforming (different formats for storage, display)
      Copyright law needs fair-use exemptions to allow for this to work.
      Unfortunately, many lawsuits have been won in the US for computers merely doing what they do. Copy image from remote website. Transform into a derivate format to display, and then broadcas the result of the copy and transform to the audience, of usually one person. Each step is technically in breach of copyright law.

    2. Re:Why creative commons? by Anonymous Coward · · Score: 0

      Saving an image from a website to your local drive doesn't make you a criminal, no. Most web browsers do that as a matter of course so that if you go back to the same web page, the image is already stored locally. Technically, using Save As to make a local copy of an image could be construed as copyright infringement, but no image owner is going to come after you for doing this. It isn't worth their time and there are no real damages.

      However, by "proprietary" image, you mean someone holds a copyright. That means if you make a copy by saving it to your hard drive, and then you share a copy of the image by including it in a dataset that's accessible by other people, you have to get a license from the copyright holder. This is true even if you give the dataset away for free. Even if the rights holder would be willing to grant you such license for free, the paperwork is burdensome. You have to be sure you're talking to the actual copyright owner, and the whole arrangement might take days or weeks to accomplish.

      And that's the actual legal issue with proprietary images, the issue that Creative Commons solves. If you want to use an image that's licensed with Creative Commons, the rights holder has already spelled out what you can do with it and granted a license. You need not take any action at all before using the image as long as you abide by the terms of the license.

      As for seeing an image, you know the answer to your own hypotheticals. Seeing is not the same as copying. Imagining is also not copying. There are no laws against these things, at least not yet.

    3. Re:Why creative commons? by david_bonn · · Score: 1

      The fact that they only used creative commons images suggests there's an actual legal issue with proprietary images, but why? If I save an image from a website to my hard drive, without sharing it, does that make me a criminal? I've been training my brain on face recognition with proprietary images for decades. I've even occasionally indirectly made money from the viewing of proprietary images, as has everyone else.

      Should I pay a royalty every time I imagine a proprietary image I've previously seen?

      I've asked this question of at least three different IP Lawyers. And for once I got exactly the same damned answer. If you aren't redistributing the images and are just using them as training data and the images can't be reproduced somehow from the result of the training you did not infringe copyright.

      So as far as I can tell it does not really matter what the copyright status of the images are with respect to using them for machine or deep learning. It seems reasonable to me that you could rip all the _Star Wars_ episodes and use those images for training and you wouldn't be at any legal risk. Now if you ripped them and redistributed the training set as images you would of course have a problem.

  23. Door locked - check, Box of tissues - check by Anonymous Coward · · Score: 0

    They're going to hate what I do with their photos from Flickr.

  24. Violation of Canadian and WA St Constitutions by WillAffleckUW · · Score: 1

    This activity is an express violation of the Privacy rights embedded and explicitly described in both the Canadian and Washington State Constitutions.

    Period.

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    1. Re:Violation of Canadian and WA St Constitutions by Anonymous Coward · · Score: 0

      No it isn't. If I give you something voluntarily, I don't get to turn around and tell you that you can't have it. Of course you can have it, I just gave it to you!

      Privacy rights only come into the picture if something is taken against your will, not with your permission.

    2. Re:Violation of Canadian and WA St Constitutions by WillAffleckUW · · Score: 1

      I stand by my statement.

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    3. Re:Violation of Canadian and WA St Constitutions by Anonymous Coward · · Score: 0

      On what basis?

      Unless either of those explicitly mention "using as source material for training", then you're applying an interpretation.

      For you to be so adamant that it's a violation implies to me that you have insufficient understanding of what's actually happening here.

  25. No sympathy from me by Rick+Zeman · · Score: 2

    ""None of the people I photographed had any idea their images were being used in this way," said Greg Peverill-Conti, a Boston-based public relations executive who has more than 700 photos in IBM's collection, known as a "training dataset." "

    Why are you whining? YOU explicitly made that possible. YOU had to elect for each image to be licensed under CC. If the people you photographed are upset by this, they should sue YOU.

  26. CC BY SA? CC BY NC? Other? by Anonymous Coward · · Score: 0

    This is an important detail unmentioned in the article or summary.

    CC BY NC could very well be violated by this. If it was CC BY SA and they released the dataset also CC BY SA, then it might creep them out, but it is in keeping with the spirit of the license.

    Having said that: I'm sure IBM had some lawyers involved in using this, but maybe some of the infringed parties should have a lawyer look into the license and if this usage is actually covered by it. Nailing some major corporations for violating copyright is always an enjoyable popcorn moment.

    1. Re:CC BY SA? CC BY NC? Other? by Anonymous Coward · · Score: 0

      If it was CC BY SA and they released the dataset also CC BY SA, then it might creep them out, but it is in keeping with the spirit of the license.

      They are still violating if they did not give proper attribution credit for each image in the collection.

    2. Re: CC BY SA? CC BY NC? Other? by reanjr · · Score: 1

      There's no need, because they are not republishing the photos or even legitimately derivative works. What they used from the photos is objective data, not an artistic work built on the photos. You can't copyright objective data, only a particular representation of it. In this case, the photographer's representation is a photo, and IBMs is a neural net.

  27. I'm not a lawyer; but... by Anonymous Coward · · Score: 0

    Firstly I'm not sure I understand the outrage on either side. It's not really a complicated a issue.

    First and foremost, attribution is always required, I believe, for the use of a creative commons image. For example, one of the least permissive of the CC licenses is the CC-BY-NC-ND. To the best of my understanding, you must attribute the work, you can't use it commercially, and no derivative works are allowed; so basically, you can redistribute the work. There are two proper ways to possibly distribute and redistribute a CC-BY-NC-ND photo. One would simply to have attribution included in the photograph, if you are the author; and, the other would be distribute text with the file appropriately attributing the work to the author.

    I'm not a lawyer; but, if IBM wants to use a CC-BY-NC-ND photo of me to train an AI, it seems that would violate the no derivatives portion of the license; in that, the AI being trained, is a work of it's own. In the case of this hypothetical photo, it has been modified into a piece of code somewhere in the AI's programming. Now, if the AI was a sentient being and was just viewing the material, that might be a different case. If the AI was sentient and wanted to use the photo; it/he/she would have to attribute the work so long as it was bound by human law. Also, there is no commercial use allowed in a CC-BY-NC-ND, so that would probably violate the license before the no-derivative portion was violated.

    The CC-BY-NC license would allow for use with attribution if IBM's work was not commercially used.

    The CC-BY-NC-SA license would allow for use with attribution if IBM's work was not commercial, and if they also shared their work. (Again, not a lawyer; but, this may be an area where a creative commons license run into compatibility issues.)

    The CC-BY-ND might work with what IBM is doing depending on if the translation from image to code by algorithm via AI was not considered a derivative work. In this case, IBM would either just attribute the work, or not be able to use it if it is a modified work after the AI uses it.

    The CC-BY-SA license would allow IBM to do what they want so long as their work was shared-alike and attribution was given.

    The CC-BY license would probably be the safest bet next to public domain. IBM could simply link to a page with all proper attributions or whatever they had to do.

    CCO is self explanatory.

    The arguments and outrage I'm seeing in these comments suggests that many people view an AI training on photos is simply just an act of viewing. Perhaps that is the case. It may be a debatable point in a court of law if anyone was to bring a situation like this to court. From my understanding (which may be flawed) it is not a simple act of viewing in that a work is being worked upon by another work and simultaneously being incorporated into that work, which, in the case of IBM, is most likely going to be used to make a profit, at some point. A counter argument could be that, if I view a CC-BY-NC-ND picture and become inspired to write a story based on what i viewed in the photograph, am I then not allowed to do so? I would agree that I should be allowed to do so; but, I am not a, 'work', of a company. At least so far as I can prevent myself from being one...


    *shrug*


    The clear distinction between the two is probably equivalent to the line the ocean draws at the coast; or, the line the coast draws at the ocean.

  28. It's not that simple by mrwireless · · Score: 2, Insightful

    Almost all responses here are along the lines of "what did you expect". But it's not that simple.

    If I go up to a window in your house and photograph the inside, you don't say "well, I have no problem with that, the windows are transparent after all".

    Saying "it's technically possible, so of course someone did it" makes you no better than databrokers like Cambridge Analytica who create psychological profiles based on your Facebook likes and then sell them to, well, anyone really.

    Is it technically possible? Yes. Was it something the average user could have anticipated when they pressed the "I agree" button? No.

    This is about norms and values. Privacy is a form of "contextual integrity". We have expectation of how much we will get for different situations. People have similar expectations online.

    1. Re:It's not that simple by Anonymous Coward · · Score: 0

      I'm a bit surprised that you've been modded insightful. There are so many false equivalencies in your post that it makes my head spin!

  29. Hypocrisy of photographers by Anonymous Coward · · Score: 0

    This illustrate the hypocrisy of photographers: They do not believe that the (non-model) people appearing in a photo (perhaps in the background) have any rights to their faces. But the photographers believe that they have all rights to the photos of those faces.

    The problem in this case is that the photos was posted at all without the consent of the people in the photos.