Earlier quoted context omitted.
There are really significant, novel copyright issues implicated by these large generative models trained on other people’s IP. If you take a step back, you can see that there are different ways to frame what is happening. One frame is: “Defendant built an algorithm that memorized features of Plaintiff’s IP. Defendant’s algorithm recombines parts of those features in order to produce works in the same domain that comp…
How about if I use Stable Diffusion, running 24/7 on a massive set of parallel clusters, and file for IP protection on all of the resulting images? What potentially human-creatable images have I just taken ownership of? Let's extend: what if I claim IP ownership of every image which StableDiffusion could produce?
For example, it has previously been litigated that nobody has IP ownership of an image taken with a camera by an animal.