>> The leak appears to be essentially just weights. The copyrightability of weights is the central and perhaps only issue.
You’re wrong, there’s a material and significant amount of copyrighted material related to LLaMa which is critical to running it. If you’re so confident it’s legal, feel free to link to a guide on how to LLaMa that uses the only materials originally provided by Facebook so it’s possible to assess the system’s dependencies on legally protected materials. Next, feel free to link to build that is not bound to any property claims by Facebook.
>> If you didn't sign the contract or induce the breach then it isn't relevant
Again, this is not true, that’s property laundering; see above comments, repeating points I have already made will not add to this discussion. If anything is unclear, let me know, but claim that party is not bound to an agreement related to legally protected property (not referring to the weights) if they launder it is obviously invalid, since if it was, no property for which the terms of use were separable from the property itself would be enforced; again, party would receive a cease and desist with a copy of the terms of use.
>> That's a non-argument. Everything is ultimately up to the courts despite the letter of the law.
No, if a legally it’s material. There is a massive difference between clean-room reverse engineering a systems from property that’s free from any claims — and referencing materials that are subject to claims to build a new system. Further, it is my position it is impossible to do a clean-room build in this situation. As a result, the only way anyone would have any confidence that a new system was free from material claims is as a result of a ruling.
____
Beyond the prior points above, worth noting Facebook has already begun taking legal actions against developers related to LLaMa leak, so it’s clear they have no intention of releasing the weight for commercial use. Here’s an example:
> there’s a material and significant amount of copyrighted material related to LLaMa which is critical to running it.
Which files from the torrent do you assert are required?
> system’s dependencies on legally protected materials.
Do you think the weights are copyrightable? The dependencies are irrelevant because they weren't in the leak.
> Again, this is not true, that’s property laundering;
Only, if there is actual copyrightable material. And not just an adjacent copyrightable material that is required to use the weights, but the weights themselves because they are what leaked.
If not this is a trade-secret scenario not a copyright scenario.
If there's no copyright on the weights then there's no "laundering" because there's no general restriction on the public using the material once it leaks. If Coke lost its recipe and it turned up online, everyone including Pepsi would be free to use it.
What is certain is that the "no commercial use" clause is irrelevant. The only people the license is binding on are those who accepted it. If the weights are copyrightable then the license is irrelevant to you because it simply hasn't been offered to you. If the material isn't copyrightable then there's no reason to accept the license once it leaks.
> worth noting Facebook has already begun taking legal actions against developers related to LLaMa leak
They clearly have a copyright on at least one file (llama.sh) in that archive so yes, they can make a DMCA takedown claim. That doesn't prove anything you're saying though, about weights and the ability to use them.
The leak appears to be essentially just weights. The copyrightability of weights is the central and perhaps only issue.
> it would be up to the courts
That's a non-argument. Everything is ultimately up to the courts despite the letter of the law.
> decide whether the contracts [...] had been breached.
If you didn't sign the contract or induce the breach then it isn't relevant.