this post was submitted on 26 Jan 2024
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Nope humans don't store data perfectly with perfect recall.
Neither do neural networks.
Humans can get pretty close to perfect recall with enough practice - show a human that exact joker image hundreds of thousands of times, they're going to be able to remember every detail.
That's what happened here - the example images weren't just in the training set once, they are in the training set over and over and over again across hundreds of thousands of websites.
If someone wants these images nobody is going to use AI to access it - they'll just do a google image search. There is no way Warner Brothers is harmed in any way by this, which is a strong fair use defence.
Some do. Should we jail all the talented artists with photographic memories?
If they exactly reproduce others work, and gain a profit for it, a fine would be the minimum.
If they're copying copyrighted works, usually its a fine, especially if they're making money from it.
You know that performance artists get sued when they replicate a song in public from memory, right?
I don't think anyone is advocating to legalize the sale of copyrighted material made via AI.