this post was submitted on 30 Jul 2023
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By that logic I can sell anything I download from the web while also claiming credit for it, right?
Downloading to view != downloading to fuel my business.
No, but you can download Rutkovski's art, learn from it how to paint in his exact style and create art in that style.
Which is exactly what the image generation AIs do. They're perhaps just a bit too good at it, certainly way better than an average human.
Which makes it complicated and morally questionable depending on how exactly you arrive at the model and what you do with it, but you can't definitively say it's copyright infringement.
What makes it even trickier is that taking AI generated art and using it however you want definitively isn’t copyright infringement because only works by humans can be protected by copyright.
But that's not what they did, converting it into a set of instructions a computer can use to recreate it is just adding steps.
And, yes, that's what they've done else we wouldn't find pieces of others works mixed in.
Also, even if that was how it worked, it's still theft of someone's else's labor to feed your business.
If it wasn't, they would have asked for permission first.