That’s going to be hard to argue. Where are the copies?
“Having copied the five billion images—without the consent of the original artists—Stable Diffusion relies on a mathematical process called diffusion to store compressed copies of these training images, which in turn are recombined to derive other images. It is, in short, a 21st-century collage tool.“
“Diffusion is a way for an AI program to figure out how to reconstruct a copy of the training data through denoising. Because this is so, in copyright terms it’s no different from an MP3 or JPEG—a way of storing a compressed copy of certain digital data.”
The examples of training diffusion (eg, reconstructing a picture out of noise) will be core to their argument in court. Certainly during training the goal is to reconstruct original images out of noise. But, do they exist in SD as copies? Idk
In fairness, Diffusion is arguably a very complex entropy coding similar to Arithmetic/Huffman coding.
Given that copyright is protectable even on compressed/encrypted files, it seems fair that the “container of compressed bytes” (in this case the Diffusion model) does “contain” the original images no differently than a compressed folder of images contains the original images.
A lawyer/researcher would likely win this case if they re-create 90%ish of a single input image from the diffusion model with text input.
There's a world of difference that you are just writing off.
Which of course then arrives at the problem: the original data plainly isn't stored in a byte exact form, and you can only recover it by providing an astounding specific input string (the 512 bit latent space vector). But that's not data which is contained within Stable Diffusion. It's equivalent to trying to sue a compression codec because a specific archive contains a copyrighted image.
This is the most salient point in this whole HN thread!
You can’t sue Stable Diffusion or the creators of it! That just seems silly.
But (I don’t know I’m not a lawyer) there might be an argument to sue an instance of Stable Diffusion and the creators of it.
I haven’t picked a side of this debate yet, but it has already become a fun debate to watch.