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• In particular, she thinks it’ll be difficult to ascertain which images were used to train the AI systems because the art the systems generate won’t necessarily look exactly like any of the training images.State-of-the-art image-generating systems like Stable Diffusion are what’s known as “diffusion” models.
• Midjourney, DeviantArt and Stability AI use training data from LAION’s datasets, which span billions of images from around the web.“If LAION created the dataset, then the alleged infringement occurred at that point, not once the dataset was used to train the models,” Torres said.
• There are only various long-term solutions like opt-in or opt-out models, or systems that aggregate royalties for payment to all authors … The suits against AI businesses for ingesting copyrightable material to train models are potentially crippling to the industry, [and] could cause consolidation that would limit innovation.”
• In that case, Google’s use of portions of Java SE code to create its Android operating system was found to be fair use.Interestingly, other countries have signaled a move toward more permissive use of publicly available content — copyrighted or not.
• This points to the urgent need for clarification or changes in copyright law, she says.“If AI developers don’t know what data they can use to train models, the technology could be set back by years,” Meeker said.
• Torres also believes the suit should be directed not at the creators of these AI systems, but at the party responsible for compiling the images used to train them: Large-scale Artificial Intelligence Open Network (LAION), a nonprofit organization.