George Carlin Estate Files Lawsuit Against Group Behind AI-Generated Stand-Up Special: ‘A Casual Theft of a Great American Artist’s Work’::George Carlin’s estate has filed a lawsuit against the creators behind an AI-generated comedy special featuring a recreation of the comedian’s voice.

  • cubism_pitta@lemmy.world
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    8 months ago

    If its wrong to use AI to put genitals in someone’s mouth it should probably be wrong to use AI to put words in their mouth as well.

    • ClamDrinker@lemmy.world
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      8 months ago

      I agree and I get it’s a funny way to put it, but in this case they started the video with a massive disclaimer that they were not Carlin and that it was AI. So it’s hard to argue they were putting things in his mouth. If anything it’s praiseworthy of a standard when it comes to disclosing if AI was involved, considering the hate mob revealing that attracts.

      • CleoTheWizard@lemmy.world
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        8 months ago

        The internet doesn’t care though. If I make fake pictures of people using their likeness and add a disclaimer, people will just repost it without the disclaimer and it will still do damage. Now whether or not we can or should stop them is another story

        • ClamDrinker@lemmy.world
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          8 months ago

          Completely true. But we cannot reasonably push the responsibility of the entire internet onto someone when they did their due diligence.

          Like, some people post CoD footage to youtube because it looks cool, and someone else either mistakes or malicious takes that and recontextualizes it to being combat footage from active warzones to shock people. Then people start reposting that footage with a fake explanation text on top of it, furthering the misinformation cycle. Do we now blame the people sharing their CoD footage for what other people did with it? Misinformation and propaganda are something society must work together on to combat.

          If it really matters, people would be out there warning people that the pictures being posted are fake. In fact, even before AI that’s what happened after tragedy happens. People would post images claiming to be of what happened, only to later be confirmed as being from some other tragedy. Or how some video games have fake leaks because someone rebranded fanmade content as a leak.

          Eventually it becomes common knowledge or easy to prove as being fake. Take this picture for instance:

          It’s been well documented that the bottom image is fake, and as such anyone can now find out what was covered up. It’s up to society to speak up when the damage is too great.

  • fmstrat@lemmy.nowsci.com
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    8 months ago

    This case is not just about AI, it’s about the humans that use AI to violate the law, infringe on intellectual property rights and flout common decency.”

    Well put.

    • KairuByte@lemmy.dbzer0.com
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      8 months ago

      Eh…. I don’t know that I can agree with this.

      I understand the intent behind it, but this specific instance is legitimately in parallel with impersonators, or satire. Hear me out.

      They are impersonating his voice, using new content in his style, and make no claim to be legitimate.

      So this comes down to “this is in bad taste” which, while I can understand and might even agree with… isn’t illegal.

      The only novel concept in this, is that “scary tech” was used. There was no fraud, there was no IP violation, and no defamation. Where is the legal standing?

      • Maggoty@lemmy.world
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        8 months ago

        They trained the AI on his material. That’s theft of IP without a license or agreement.

        • LarmyOfLone@lemm.ee
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          8 months ago

          So any human comedian listening and learning from other comedians is also STEALING the intellectual PROPERTY of them? That is very incendiary language btw.

          Morally this imho comes down to a workers right issue. So there are legitimate reasons to argue that AI should not take our jobs. A kind of socialist market protection act.

          But to use intellectual property in this case is just asking to make anything “Disney like” to be treated as copyright by Disney.

          PS: BTW actually listen to the video https://youtu.be/2kONMe7YnO8 it is eerily good.

          • asyncrosaurus@programming.dev
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            8 months ago

            Machines aren’t people. Machines don’t learn. Machines copy data, manipulate and replicate it. That is copyright infringement. The laws for Machine duplication don’t apply to human learning.

      • doctorcrimson@lemmy.world
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        8 months ago

        They didn’t write satire in his style, they sampled his actual work with a machine. It’s not a parody of George Carlin, it’s an inferior approximation of him.

        • KairuByte@lemmy.dbzer0.com
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          8 months ago

          I didn’t say this was satire, I said it was in line with satire on a legal front. And why did you ignore the “impersonator” line immediately before it and jump straight into parody?

          They sampled his work, yes. To get voice, pacing, image, etc. they didn’t then have it spit out copies, or even remixes of his previous work, they had it create new content and made it clear it was not him.

          I don’t see this as any different than an impersonator watching hundreds of hours of his routines, getting into character visually and verbally, and walking out on stage to do their own routine.

          In fact, let me just ask directly: would you be taking issue with this if it was a real human, no AI involved, who had dressed and trained to move and sound approximately like the man, and then filmed it and put it online? Would you say that is illegal?

          • doctorcrimson@lemmy.world
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            8 months ago

            It is not in any way in line with Satire. They sampled his work with a machine.

            If a real human did this, no AI involved, then that human’s interpretation of Carlin’s mannerisms, speech patterns, and humor would all be much more varied than if that human remixed Carlin’s own words and copied his own imagery.

            Plus, if somebody came out on stage and started calling themselves Stephen Colbert or Larry the Cable Guy, then guess what? That’s fucking illegal.

            • KairuByte@lemmy.dbzer0.com
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              8 months ago

              It is not in any way in line with Satire.

              Oh good, you understood what I said.

              If a real human did this, no AI involved, then that human’s interpretation of Carlin’s mannerisms, speech patterns, and humor would all be much more varied than if that human remixed Carlin’s own words and copied his own imagery.

              Tell me you’ve never seen a high quality impersonator without telling me you’ve never seen a high quality impersonator. 🤦🏻‍♂️

              Plus, if somebody came out on stage and started calling themselves Stephen Colbert or Larry the Cable Guy, then guess what? That’s fucking illegal.

              No, it really isn’t. Why would it be? Is Carlin a law enforcement officer? Is there an attempt to commit fraud I missed in the middle? What law do you think impersonating a random person breaks?

              Not to mention, the title description and opening line make it pretty obvious this isn’t Carlin.

              I also noticed a lot of skirting around my question with a distinct lack of a direct answer. So I’ll ask it again: If that was a human who put out the exact same video, and AI was not involved, would you have a problem with it? Because it really seems like you wouldn’t.

              • doctorcrimson@lemmy.world
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                8 months ago

                You said:

                I didn’t say this was satire, I said it was in line with satire on a legal front

                And FYI, Stephen Colbert got a Cease and Desist notice for being Stephen Colbert of the Colbert Report when he left the Viacom network for CBS. Because that is how intellectual properties work, when you make money off of your character or your image then it is your property: that is also the basis for which public figures and actors can refuse images or artworks being used for monetary gain outside of fair use or depictions of public settings.

                • Arcka@midwest.social
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                  8 months ago

                  I could send you a Cease and Decist notice on my finest letterhead insisting that you stop being a stupid overreaching authoritarian. That doesn’t mean a court would uphold it. C&D isn’t proof of anything.

                • DeadlineX@lemm.ee
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                  8 months ago

                  Wouldn’t the issue there be the fact that “of the Colbert Report” is using the actual name of the show in a way that would create profit for him? This, profiting off of someone else’s IP? It’s not the fact that he is “Stephen Colbert”. It’s the part that isn’t his name.

                • KairuByte@lemmy.dbzer0.com
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                  8 months ago

                  So you’re telling me you’ve never heard of celebrity impersonators? Elvis would be one of the more famously impersonated, but even living individuals have impersonators. Hilariously, there have been stories of impersonators winning in an impersonation contest when the actual individual being impersonated was also in the contest.

                  You k ow what doesn’t happen with celebrity impersonators? They don’t get arrested or successfully sued. Because there’s nothing illegal about it.

                  Now, the CnD Colbert got is a different story. He likely signed paperwork saying he wouldn’t “be the character” after leaving. Not to mention, he was the literal actor who portrays that character.

                  On the other hand, you notice how SNL doesn’t get sued for their impersonations?…

                  Are you noticing a theme yet?

                  Because I am. You just won’t answer my simple question. So let me jump to the assumption that you’d be fine with it if it was fully human made. That begs the question, why is AI different? If the poster came out tomorrow with proof AI was not involved, why would it suddenly be okay?

      • Doomsider@lemmy.world
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        8 months ago

        I teared up listening to this special. It was like he was still alive. A lot of good material and definitely in his spirit. People who want to lock up our culture behind paywalls can get bent.

    • RealFknNito@lemmy.world
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      8 months ago

      “That use AI to violate the law”

      Watch out impressionists. If you get too good you might become a lawbreaker. The AI hysteria is beyond absurd.

      • Tyfud@lemmy.world
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        8 months ago

        That’s not what this is about though.

        AI should follow the standard norms and conventions we’ve established up to this point. Which, generally speaking, would prohibit using someone’s likeness without their consent to make a profit, and also not using the likeness of a well loved, dead man, in such a trashy way.

        You know, basic human decency.

        • afraid_of_zombies@lemmy.world
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          8 months ago

          would prohibit using someone’s likeness without their consent to make a profit,

          On reddit years ago a whole mess of people attacked me and demanded that I agree that photographs have a right to take pictures of my house, car, property, and even children and put it on the internet.

          Which one is it? Do we humans own our image in which case we deserve compensation and permission for it’s use or do we not own it and in which case this is a perfectly acceptable?

        • RealFknNito@lemmy.world
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          8 months ago

          “using someone’s likeness”

          Again, so someone can’t do a gilbert gottfried impression while doing their own stand-up? That’s illegal to do because their voice itself is copyright protected? Man, all these AI covers on Youtube are fucked then.

          You completely misunderstand the law to appeal to emotion which continues to feed into the hysteria around generative AI. Photoshop isn’t illegal, generative AI isn’t illegal, doing impressions isn’t illegal. This would be no different if someone took that same script and did their best George Carlin impression.

          • Tyfud@lemmy.world
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            8 months ago

            Building those isn’t illegal. Using them to make a profit without consent is. The law is very clear here. This is what is at issue here.

            • RealFknNito@lemmy.world
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              8 months ago

              Right so every single song, every use of Frank Sinatra’s voice on YouTube to cover songs is wildly illegal, yes? They have ads, they’re doing it for profit. The people who made the special didn’t sell access to it so how’d they make money? Same way I’d imagine.

              • thedirtyknapkin@lemmy.world
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                8 months ago

                those the use ai for it, yes actually. in fact, if we’re following the letter of copyright law, almost every meme is technically illegal.

                • afraid_of_zombies@lemmy.world
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                  8 months ago

                  This is the best argument I have ever heard for getting rid of copyright law. It can’t be followed even if you want to.

                • RealFknNito@lemmy.world
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                  8 months ago

                  Okay then let’s focus on impressionists. Grapple with that for a minute because you seem to be avoiding it. If someone does a stand-up special they wrote and did a highly accurate impression of George Carlin, why is that illegal?

      • A_Very_Big_Fan@lemmy.world
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        8 months ago

        AI hysteria

        This is the concise way of putting it that I’ve been missing.

        Using AI to do something that actually intelligent beings already legally do, like impressions and parody (with disclaimers and all that), isn’t suddenly theft or stealing because AI was used in the process. I’m really disappointed in the Lemmy community for buying into all this bs

      • Prandom_returns@lemm.ee
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        8 months ago

        Impressionists have nothing to do with this.

        If I scraped all Beyonce’s videos, cut it up and join it into another video, and called it “Beyonce: resurrected”, I’m not doing am impression. I’m stealing someone’s work and likeness for commercial purposes.

        Are you sad that your garbage generator is just a plagiarism machine?

        • LarmyOfLone@lemm.ee
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          8 months ago

          You’re understimating what generative AI can do. I was shocked when I realized that GPT-3 was able to do creative writing, something that we thought would be out of reach after things like doing management and self driving cars. Turns out, creativity is what AI can actually do. Watch the video. This is like George Carlin but not using any of his material, instead creating something completely new in the style of George Carlin. They could have used the style and a slightly different voice, but they wanted to make a point here.

          If your argument is that minds, be they artificial or human, are not allowed to learn from other peoples works then… well then that is a very immoral argument to make imho.

            • LarmyOfLone@lemm.ee
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              8 months ago

              That’s not what I’m saying, What we currently have is more like the disembodied creative writing center of a brain, without memory or conscience but able to do creative writing. But it seems pretty clear now that we will have sentient artificial minds sooner than later.

              And the last thing we need is to use intellectual “property” arguments to regulate this.

        • RealFknNito@lemmy.world
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          8 months ago

          Actually cutting it up into another video makes it transformative and it’s protected under the DMCA. Thank you for proving you don’t know what you’re talking about. Take care.

  • randomaside@lemmy.dbzer0.com
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    8 months ago

    Ive been thinking about this a lot and if you think about this like they are selling a stolen product then it can be framed differently.

    Say I take several MegaMan games, take a copy of all the assets, recombine them into a new MegaMan game called “Unreal Tales of MegaMan”. The game has whole new levels inspired by capcom’s Megaman. Many would argue that the work is transformative.

    Am I allowed to sell that MegaMan game? I’m not a legal expert but I think the answer to that would generally be no. My intention here is to mimic a property and profit off of a brand I do not own the rights too.

    Generative AI uses samples of original content to create the derivative work to synthesize voices of actors. The creator of this special intention is to make content from a brand that they can solely profit from.

    If you used an AI to generate a voice like George Carlina to voice the Reptilian Pope in your videogame, I think you would have a different problem here. I think it’s because they synthesized the voice and then called it George Carlin and sold it as a “New Comedy Special” it begins to fall into the category of Bootleg.

    • pjwestin@lemmy.world
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      You couldn’t sell that game, even if you created your own assets, because Mega Man is a trademarked character. You could make a game inspired by Mega Man, but if you use any characters or locations from Mega Man, you would be violating their trademark.

      AI, celebrity likeness, and trademark is all new territory, and the courts are still sorting out how corporations are allowed to use a celebrities voices and faces without their consent. Last year, Tom Hanks sued a company that used an IA generated version of him for an ad, but I think it’s still in court. How the courts rule on cases like this will probably determine how you can use AI generated voices like in your Reptilian Pope example (though in that case, I’d be more worried about a lawsuit from Futurama).

      This lawsuit is a little different though; they’re sidestepping the issue of likeness and claiming that AI is stealing from Carlin’s works themselves, which are under copyright. It’s more similar to the class action lawsuit against Chat GPT, where authors are suing because the chatbot was fed their works to create derivative works without their consent. That case also hasn’t been resolved yet.

      Edit: Sorry, I also realized I explained trademark and copyright very poorly. You can’t make a Mega Man game because Mega Man, as a name, is trademarked. You could make a game that has nothing to do with the Mega Man franchise, but if you called it Mega Man you would violate the trademark. The contents of the game (levels, music, and characters) are under copyright. If you used the designs of any of those characters but changed the names, that would violate copyright.

    • EatATaco@lemm.ee
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      8 months ago

      I think it’s because they synthesized the voice and then called it George Carlin and sold it as a “New Comedy Special” it begins to fall into the category of Bootleg.

      Except this is untrue. They were very open that this wasn’t Carlin, but an ai learning from him and mimicking his style.

      The better comparison is that to an Elvis impersonator who sings song they themselves wrote explicitly in the style of Elvis and try to sound like him.

      I think ai changes the game and we need to rethink the laws, but I don’t see this case lasting long in court, unless there is some law I don’t know about.

      • million@lemmy.world
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        8 months ago

        They also weren’t selling it as far as I know. They put the whole thing on YouTube and prefaced with this is an AI trying to recreate a Carlin stand up set.

        • randomaside@lemmy.dbzer0.com
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          8 months ago

          I would disagree on the selling point. If you provide something for “free” that is advertisement supported, you sold it to an advertiser.

  • Steve@communick.news
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    8 months ago

    I’m torn. I can see why they would be upset. And they may have a case with likeness rights.

    But at the same time, this specific example isn’t trying to claim any kind of authenticity. It goes out of its way to explain that it’s not George. It seems clearly to be along the lines of satire. No different than an impersonator in a SNL type sketch.

    I guess I don’t have any real problem with clearly fake AI versions of things. My only real problem would be with actual fraud. Like the AI Biden making calls trying to convince people not to vote in a primary. That’s clearly criminal fraud, and an actual problem.

    • A_Very_Big_Fan@lemmy.world
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      My only real problem would be with actual fraud. Like the AI Biden making calls trying to convince people not to vote in a primary.

      That’s the difference between impression and impersonation. My disappointment in the Lemmy community for not understanding the difference is immeasurable. We’re supposed to be better than this but really we’re no better than Reddit, running with ragebait headlines for the cheap dopamine hit that is the big upvote number.

      If it were a human doing a Carlin impression, literally NOBODY would give a fuck about this video.

  • Mango@lemmy.world
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    8 months ago

    It’s nothing like Carlin.

    It’s theft of his work.

    Pick one.

    • Scipitie@lemmy.dbzer0.com
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      8 months ago

      I read it like:

      Mimic, pace of tone and body language are parts of the work.

      That they don’t hit the main part (I.e the humor) is just the icing.

      Perhaps I’m top lenient though.

  • Showroom7561@lemmy.ca
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    8 months ago

    What’s the alleged crime? Comedy impersonation isn’t illegal. And the special had numerous disclaimers that it was an impersonation of Carlin.

    Sounds like a money grab by the estate, which Carlin himself probably would have railed on.

    • CerealKiller01@lemmy.world
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      8 months ago

      What do you mean by “comedy impersonation” - parody, or just copying a comedian?

      If I were to set up a music show with a Madonna impersonator and slightly changed Madonna songs (or songs in her style), I’ll get my pants sued off.

      If Al Yankovic does a parody of a Madonna song, he’s in the clear (He does ask for permission, but that’s a courtesy and isn’t legally mandatory).

      The legal term is “transformative use”. Parody, like where SNL has Alec Baldwin impersonating Trump, is a recognized type of transformative use. Baldwin doesn’t straight up impersonate Trump, he does so in a comedic fashion (The impersonation itself is funny, regardless of how funny Trump is). The same logic applied when parodying or impersonating a comedian.

      • lucidinferno@lemmy.world
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        8 months ago

        How is the AI impersonation of Carlin different from when Paramount used actors who looked like Queen Elizabeth or Barbara Bush, or human impersonators who sound just like the real person they’re impersonating (besides the obvious difference)?

        I’m not saying Dudesy is in the right. Making an AI system sound like someone somehow feels different than an impersonator doing the same thing. But I don’t know why I feel that way, as they’re extremely similar cases.

        • UNWILLING_PARTICIPANT@sh.itjust.works
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          8 months ago

          It’s because a person is directly doing it. It’s not odd that our laws and mores exist for the benefit of people trying to do stuff.

          Even comparing a photocopy to a forgery, at least the forgery took some direct human skill, rather than just owning a photocopier

      • Grimy@lemmy.world
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        8 months ago

        I think your Madonna example is completely fine as long as they don’t call themselves Madonna and start uploading videos on YouTube with her name on it (like is the case here).

        Madonna owns her name and trademark but not her tone of voice, style of songs or her wardrobe choices.

        In the same way, The George Carlin estate doesn’t own his speech mannerism or comedic style but they certainly own his name.

  • afraid_of_zombies@lemmy.world
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    8 months ago

    Internet: this is awful, of course your inheritors own your own image as stewarts.

    Also Internet: I have a right to take pictures of you, your car, your house, or record you without consent. Edit it however I want. Make as much money as I want from the activities and you have no rights. Since if technology allows me to do something you have no expectation that I won’t.

    We are demanding that a public figure who is dead have more rights than a private person who is alive.

    • Mr_Dr_Oink@lemmy.world
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      8 months ago

      Im probably out of the loop, or just way too tired to work out what you mean.

      Who is the “also internet” part roughly referring to? It reminded me of the sssniperwolf incident, and if i recall, the internet was not happy with that, so it doesn’t make sense to me.

      Im also not comfortable with the generalised use of “the internet” because by its very nature saying “the internet” is almost akin to saying “humans”

      Every individual member of “the internet” is different and has different views, so pointing out a discrepancy and framing it like it shouldn’t be there is a bit redundant.

      Its like saying

      Humans: like affordable housing

      Also humans: raise interest rates to unaffordable levels.

      There are two different groups here that are both humans. So its not particularly useful to group them together with the collective word when trying to point out a disparity.

  • General_Effort@lemmy.world
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    8 months ago

    I’d have sympathy if this was about a grieving family wanting to be left alone, but it looks more like the “estate” wanting money. At least they aren’t going after total nobodies. (Will Sasso and Chad Kultgen)

  • Sorgan71@lemmy.world
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    8 months ago

    A person’s voice cannot be copywrited. I hope these people get countersued to oblivion.

  • Darkassassin07@lemmy.ca
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    8 months ago

    Ripped it from YouTube last night to add to my media server; curiously it’s no longer available on youtube this morning… (at least the original Dudesy upload I’d grabbed, there’s re-uploads)

  • phoneymouse@lemmy.world
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    8 months ago

    I agree it’s fucked up, but damn if it isn’t well done and pretty spot on. It’s crazy to hear about recent events from the voice and perspective of George Carlin. The special had me ready to pick up my pitchfork.

    • aesthelete@lemmy.world
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      8 months ago

      I watched the whole thing and it was obviously written by someone and dropped through a text to speech engine (or “AI”).

      • NιƙƙιDιɱҽʂ@lemmy.world
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        8 months ago

        I do not believe for a second that this was written by AI. AI is getting a lot better at writing, but it still sucks when it comes to humour. It’s great at going from A to B with a typical flow of thought, but it tends to struggle with the reverse, B to A, like a punchline and its setup. Since the court case seems to revolve around not the impersonation aspect but instead the supposed training of the AI on Carlin’s works, it’ll be interesting to find the truth in the matter.