People here, as always, get hung up on legalese bullshit, but miss the overall picture. The dynamics in play is highly questionable. Countless artists and photographers put effort into creating their works. They put they work online to get some attention and recognition. A company comes along, scrapes all of it and starts selling access to the model to generate something that looks highly derivative. The original coh…
The law fundamentally needs to evolve. Latent embeddings of large corpuses of copyrighted works is something we are going to have to wrangle with more directly, it’s not clear to me how we even ought to want it to work in terms of the rights of the copyright holders for data it was trained on.
With the release of spectral diffusion, arguably the genie is out of the bottle now, so there’s probably a ceiling on how much the law can evolve to claw back any retroactively determined rights to copyright holders.
