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.
You can’t sue Canon for helping a user take better infringing copies of a painting, nor can you sue Apple or Nikon or Sony or Samsung… you can sue the user making an infringing image, not the tools they used to make the infringing image… the tools have no mens rea.