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1. yazadd+(OP)[view] [source] 2023-01-14 08:48:57
> 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.

replies(2): >>astran+q >>techdr+mn
2. astran+q[view] [source] 2023-01-14 08:53:33
>>yazadd+(OP)
You can't (successfully) sue the creators of Stable Diffusion because they're an academic group in Germany, a country that has an explicit allowance in copyright law for training non-commercial models.
3. techdr+mn[view] [source] 2023-01-14 13:00:44
>>yazadd+(OP)
Exactly, the quarrel here is between the users of Stable Diffusion, some of which are deliberately, legally speaking with intent (prompt crafting to get a specific output demonstrates clear intent), trying to use Stable Diffusion to produce images that are highly derivative of and may or may not be declared legally infringing works of another artist, and the artists who’s works are being potentially infringed upon.

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.

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