Earlier quoted context omitted.
> being part of training data was fair use It's not though, and never has been. Why should it be? Why should people contribute to making their own jobs obsolete and not even be compensated for it? > It would be win/win In what way would this be a win for artists?
It’s fair use because training sets are useless except for creating a new thing which transforms the inputs into something new. It’s not merely selling photos that already exist or something. Stable Diffusion has only about enough bits in the weights to represent a single pixel out of each image in the training set.
So by useless you mean absolutely essential?
Hard to argue the fair use thing but it was designed around humans not AI so just because it is fair use now does not mean it should or will be in the future.