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A battle is raging over the definition of open-source AI
(www.economist.com)
This is a most excellent place for technology news and articles.
I think it comes down to how it's used.
An LLM model is nothing unless it's used to process some other things. It does something. It predicts the likeliness of words following a sequence of other words. It has no other purpose. It can't take the model, analyse it in a different way and extract different conclusions. It is singular in function. It is a program.
Data has no function. It is just data.