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Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

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Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#11
post #6
post #3

You can't use any of it commercially. Nothing within is under an acceptable software license (nor an open source license, nor a free software license). Advanced warning.

You are talking about the models, right? If you train your own model on your own data without transfer learning (or with transfer learning from a liberally licensed third party model once those exist) then you can do whatever you want to with your model, no?

I'm talking about the code. Models are distributed separately.

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#12
post #8

From the license file: > 3.4 Patent Claims. If you bring or threaten to bring a patent claim against any Licensor (including any claim, cross-claim or counterclaim in a lawsuit) to enforce any patents that you allege are infringed by any Work, then your rights under this License from such Licensor (including the grant in Section 2.1) will terminate immediately. Is such a clause legal? I have basically zero knowledge…

Yes they are legal, and I'm not sure I follow the argument that they shouldn't be

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#13
post #8

From the license file: > 3.4 Patent Claims. If you bring or threaten to bring a patent claim against any Licensor (including any claim, cross-claim or counterclaim in a lawsuit) to enforce any patents that you allege are infringed by any Work, then your rights under this License from such Licensor (including the grant in Section 2.1) will terminate immediately. Is such a clause legal? I have basically zero knowledge…

It is legal, yes. That license is awful and proprietary (3.3), but it's most definitely legal.

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#14
post #8

From the license file: > 3.4 Patent Claims. If you bring or threaten to bring a patent claim against any Licensor (including any claim, cross-claim or counterclaim in a lawsuit) to enforce any patents that you allege are infringed by any Work, then your rights under this License from such Licensor (including the grant in Section 2.1) will terminate immediately. Is such a clause legal? I have basically zero knowledge…

Yes they are legal, and I'm not sure I follow the argument that they shouldn't be

The argument against it, presumably, is that "If you try and make us pay for committing crime, you won't get access to our toys anymore" is very strange and seems illegal, since the ability to play with toys should not stop anyone from reporting violations of the law.

But at the same time, it's definitely legal, for better or for worse, as is pretty much any stunt you pull with the joke that is US IP law.

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#15
post #5

Earlier quoted context omitted.

Nobody will be able to tell if you stick it in a tiny thumbnail and give it enough jpeg artifacts.

Computer-generated artifacts are non-copyrightable. This is not the problem. (That said, as the law is written, no binary should be, but we already threw that baby out with the bathwater.) The problem is that the software is not free software, but encourages you to stop using its free predecessors and competition sneakily.

I’m not sure I understand your claim, why is this encouraging anyone to stop using any competition? The license says plainly it’s not for commercial use, what’s so sneaky?

What do you define as free software? This software is open source, always free as in beer, and free as in freedom for research and evaluation purposes (and seems fairly permissive to researchers…)

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#16
post #8

From the license file: > 3.4 Patent Claims. If you bring or threaten to bring a patent claim against any Licensor (including any claim, cross-claim or counterclaim in a lawsuit) to enforce any patents that you allege are infringed by any Work, then your rights under this License from such Licensor (including the grant in Section 2.1) will terminate immediately. Is such a clause legal? I have basically zero knowledge…

As defined in the license, the capitalized term "Work" means only the StyleGAN3 software and derivatives. So it means you can't use StyleGAN3 while simultaneously claiming it infringes one of your patents, but it doesn't mean Nvidia can use StyleGAN3 against you as leverage in an unrelated patent suit.

I'm not a lawyer, and I won't comment on whether this is legal, but I'll note that it's quite similar to the patent clause in section 3 of the Apache Public License.

https://www.apache.org/licenses/LICENSE-2.0

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#17
post #15
post #5

Earlier quoted context omitted.

Computer-generated artifacts are non-copyrightable. This is not the problem. (That said, as the law is written, no binary should be, but we already threw that baby out with the bathwater.) The problem is that the software is not free software, but encourages you to stop using its free predecessors and competition sneakily.

I’m not sure I understand your claim, why is this encouraging anyone to stop using any competition? The license says plainly it’s not for commercial use, what’s so sneaky? What do you define as free software? This software is open source, always free as in beer, and free as in freedom for research and evaluation purposes (and seems fairly permissive to researchers…)

It by definition is not open source. The term has a definition. This breaks literally the first rule.

https://opensource.org/osd

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#18
post #15

Earlier quoted context omitted.

I’m not sure I understand your claim, why is this encouraging anyone to stop using any competition? The license says plainly it’s not for commercial use, what’s so sneaky? What do you define as free software? This software is open source, always free as in beer, and free as in freedom for research and evaluation purposes (and seems fairly permissive to researchers…)

It by definition is not open source. The term has a definition. This breaks literally the first rule. https://opensource.org/osd

I used, or maybe misused, the term open source. You used “free”. The license & project used neither, and made no claim to align with opensource.org’s philosophy or definition. Whatever you call it, the source code has been released for anyone to read and “evaluate”, that’s what I meant by ‘open’.

You didn’t answer the question - how is this sneaky, and how does it prevent using previous projects?

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#19
post #18

Earlier quoted context omitted.

It by definition is not open source. The term has a definition. This breaks literally the first rule. https://opensource.org/osd

I used, or maybe misused, the term open source. You used “free”. The license & project used neither, and made no claim to align with opensource.org’s philosophy or definition. Whatever you call it, the source code has been released for anyone to read and “evaluate”, that’s what I meant by ‘open’. You didn’t answer the question - how is this sneaky, and how does it prevent using previous projects?

The Open Source Initiative coined the term to begin with. Using it incorrectly is harmful, and is how we've ended up with "literally" meaning "figuratively" in modern English. By insisting on the correct definition, I'm trying to prevent the same from happening to open source. It's pretty offensive to act like it's not a big deal to use something so essential to computing freedom in a cavalier way to intentionally lessen freedom.

Re: Nvidia releases Alias-Free GAN code and pre-trained models, naming it StyleGAN3

#20

Earlier quoted context omitted.

Yes they are legal, and I'm not sure I follow the argument that they shouldn't be

The argument against it, presumably, is that "If you try and make us pay for committing crime, you won't get access to our toys anymore" is very strange and seems illegal, since the ability to play with toys should not stop anyone from reporting violations of the law. But at the same time, it's definitely legal, for better or for worse, as is pretty much any stunt you pull with the joke that is US IP law.

Is patent violation a crime? My understanding it is a civil issue like you kick me out of your property, and I'll kick you out too.
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