Andersen v. Stability AI Ltd (3:23-cv-00201) District Court, N.D. California
#DeviantArt, #StabilityAI, and #Midjourney are expected to reply (by which I expect motions to dismiss) on April 18 to this proposed #ClassActionLawsuit #lawsuit over #AI tools like #StableDiffusion violated #copyright in the scraping of images or the generation of new images.
Stability AI's UK parent, Stability AI, Ltd. which is the lead defendant in the case caption, doesn't have filings indicating that they have been served or have waived service yet.
To my mind, the act of web scraping itself seems harmless as it is literally necessary for the operation of libraries and search engines.
Generating images in the style of artist X seems beyond the realm of copyright law. And the claim that generated images are collages created in violation of copyright seems to be deficient in the facts. Specifically, nothing that StabilityAI does seems to be akin to maintaining a library of art and creating collages from it.
There seems to be a possible copyright issue with hypothetical image replication, but not only is that an unwanted behavior, but it has also been found to be exacerbated by unintentional overtraining on multiple copies of an image in the web-scraped inputs. "That's a [rarely seen] bug, not a feature." seems like a defense to this layman #IANAL. That it's rare and hard to reproduce for some of the generative AI products hurts the case for a class action where each plaintiff needs to be in basically the same boat.
Also, will 47 U.S. Code § 230(c)(1) immunize online generative AI products for outputs they produce at the prompting of information from a third-party user?
https://www.courtlistener.com/docket/66732129/andersen-v-stability-ai-ltd/