this post was submitted on 26 Jan 2024
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Because they are legal and they do violate copyright? People keep wanting them to be copyright free, but that's not how copyright works. There don't need to be amendments to copyright law in order to cover this case.
I mean, its obviously heading to the courts one way or the other, but I don't think just making assertions like that are very good kind of arguing. The training weights here have clearly been proven to contain copyrighted data as per this article. I'm not sure if you're making any kind of serious case that shows otherwise, but are instead just making a bunch of assertions that I could easily reverse.
It varies somewhat from country to country, but at least in the US there is ample case law that says it's legal. The relevant ruling is typically based on the work being transformative and therefore a fair use for a derivative work. This is E.G. how Google can get away with creating thumbnails of websites to show on their search pages without needing to worry about copyright of anything contained on that website.
This article proved absolutely nothing except that you can use generative AI to create images that would most likely be ruled to violate copyright. Once again though, the model and training weights do not violate copyright, they're a protected derivative work. The generated image on the other hand very likely does violate copyright.