Earlier quoted context omitted.
but would they have liability if they submitted their "output" to a senior artist, who immediately shot it down as obviously infringing? Surely not. It's not illegal to draw Mario - just illegal to make money off your drawing. I think the real question is whether OpenAI should be allowed to charge for generating infringing content. Even though the unit cost of the Mario drawing is negligible, the sum total of their i…
you don't have to make money off it, you just can't publish it, except as a parody or commentary or possibly a tutorial on how to draw mario if the judge is having a good day but "making money = infringement" is folk wisdom. you could certainly say making money attracts attention and increases likelihood of legal action
So I suppose the question will hang on whether OpenAI is "publishing" if it returns similarly infringing results for the same prompts, even though those results are individually generated for a given user query.