Yesterday's lawsuits against Generative AI companies like Stable Diffusion and Midjourney were mostly dismissed, and I generally agree with that. There is one case still ongoing between Sarah Andersen and StabilityAI that I expect Sarah to lose on the grounds that her accusation isn't sound (her artwork isn't actually stored in the model).
But I am disappointed that they ruled that copying styles isn't infringement unless it is an exact copy of a work. I feel like this isn't a nuanced ruling...
@stux I really want to learn how they do it. I have tried a lot of experiments with Stable Diffusion, and it does a terrible job with a 360 view. I'm amazed that Skybox manages to get all the shadows pointing the right way!
@apLundell @jalefkowit No worse than most of the new houses here in Seattle. Lots of 3+ storey townhomes with about 300 square feet of space per floor. Something like 20% of the floorplan is stairwell.
I was legitimately searching for housing a year ago, and gave up when the agent asked me to make an offer the same day without an inspection on a townhome that had the kitchen on the third floor.
@apLundell @jalefkowit If they built this thing, I would never want to live in it, but I would feign interest just to get a tour. It wouldn't be the first time I pretended to have enough money to afford real estate just to tour a stupid looking house.
The worst I ever saw was a house with three different second stories that didn't connect to each other, and they each had a separate stairwell for access...
@apLundell @jalefkowit I typed "McMansion" and "McMansion Indoors" into Stable Diffusion, and gave it way too much canvas to work with, and I think you nailed it.
@esvrld@octodon.social There are also some holes in my philosophy as I consider this. There are a few models out there are unabashedly designed to copy a specific style. I have a Pixar-theme model that I have played with that is undoubtedly trained on Pixar's IP.
But I feel substantially less conflicted in infringing upon a $7.4B company, and should be more nuanced about how such training directed at smaller artists' works could be damaging to those artists.
@esvrld@octodon.social I think your proposal that "ai isn't actually capable of copying either the style or the subject matter of artists in the way that is alleged" is a philosophically interesting idea, but as a cautious AI advocate I would argue that, in practical terms, AI is very capable of copying an artist's style to the level of infringement, and would argue that responsible and ethically informed use of generative models is of high importance to anyone exploring this tech.
@esvrld@octodon.social this is interesting input. It definitely would be an issue that certain niche art styles in the corpus could end up zeroing in non-trivially on a specific artist's style. I hadn't fully considered this, and have been assuming that in the absence of an artist's name in the prompt that the art would be more generic. This immediately has me feeling more skeptical of third party models that don't share their datasets and could be weighted in such a way to be infringing by default.
And done
Get your free 'NFTs' or whatever now and do whatever you like with 'em
Live: http://stux.stuxnet.ai/f-nft
Code: https://gitcat.org/stux/f-nft
@stux These are really fun! I'll make sure to clone the git repo so I too can own one of these "NFTs".
Just curious, are the backgrounds generated from Skybox AI (Blockade Labs), or sourced from somewhere else?
@doug FWIW, The USSR had copyright laws that lasted 15 years. If we had similar laws, training a model on only public domain materials would be extremely easy.
But in the USA, thanks to corporate lobbying, a copyrights lasts 70 years, and a trademark can be renewed indefinitely. Narrowing datasets down to the public domain is impossibly complicated.
What choice do AI engineers have but to ask for forgiveness rather than permission in these matters?
@doug I also don't see how relaxed views on intellectual property are "anti-socialist". I am deeply opposed to the US system of IP law, especially with recent attacks on fair use. I don't think that artists should be able to retain complete and permanent ownership over their works once they are available to the public. I believe that information should be free, and that expression, even controversial expression, should not be restricted by anyone's financial interests.
@doug Well, I am not a billionaire investor, and I am not using AI to benefit financially. I feel like you are in opposition to the right things, but are a little too broad with your criticism.
I primarily use Stable Diffusion which is MIT licensed FOSS software, so I haven't even paid the creators of these models. I am entirely a private user. My biggest uses are experimentation, and creating desktop backgrounds for private use.
And if I do share, I do so without any form of license.
@doug On the other side of this, if someone set up an Etsy store selling prints of AI art that used prompts like "Painting by [living artist]", and were deliberately emulating that artist or artists for the purpose of profiting off of their reputation, I would absolutely call that an infringement. That would be deeply unethical.
I think that there is some nuance to be afforded here.
Personally, I hope to see artist names removed from AI data sets so that their styles cannot be directly copied.
@doug I think it all depends on how you "benefit".
I have neurological issues that make competent artistry a practical impossibility. I can't even write without drawing letters backwards. I've never been formally diagnosed, but I show all the hallmarks of dysgraphia.
Is it unethical for me to use AI to visualize my ideas, even if I take care not to directly emulate existing arists, and don't see to profit by taking professional credit for what I create?
And, sorry if this is long-winded I just want to get back around to the topic of generative art.
What if you had never seen a cat before (unrealistic, I know). Now imagine that you look at a handful of drawings, paintings, and photographs of cats to learn what one is.
You then draw a picture of a cat, and your only frame of reference is the small selection of other people's works.
Do you owe credit to the artists and photographers who taught you what a cat looks like?
I would also argue that most popular/usable LLMs are trained on such a huge data set, that the odds of it leveraging only a single source of information in a response is basically zero. The pretense of an LLM "using your script to answer a question" isn't very accurate, as it wouldn't even have your script retained in a way that it could reproduce it, even if asked.
That said, there are new LLMs that can cite sources, and referencing other written works has never required licensing/royalties.
Let's say I write a self-help book, and somebody who read my book ends up committing one of my lessons to heart.
They then write a memoir, and then end up paraphrasing something I wrote in my book, but they only credit it as "something I learned from a self-help book years ago", without crediting me.
Would they be infringing on my self-help book, or would it be fair use to re-communicate something I said if they believed in it?
I argue fair use.
And why is it different if an LLM does this?
@greycat I don't think that comparing intellectual property rights to financial securities is a great argument coming from someone who identifies as a communist. Marx was pretty clear about the risk of exchange value superceding use value (commodification).
In your comparison, "stealing from every bank" = "borrowing from every artist". While the former could represent systemic theft or fraud, the latter, IMHO, clearly represents fair use.
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