But that's the issue, they're not serving copyright content to users in the UK because the outputs aren't derivative, the legal question is very narrow, it is about the training of the model.
There will be a separate trade mark question on the outputs, which wasn't part of the request to dismiss the case.
>Can you imagine if you had no piracy occurring in the US when users download pirated content from a server in the Philippines and you could only handle the case under the Filipino legal system?
Your hypothetical is about actual distribution and communication to the public of copyright works, this is very different to what is at stake here.
I know, I'm a lawyer. Fair dealing is closed-ended, and the TDM exception doesn't apply to StabilityAI as they're not a research institution, their best defence is that the training didn't take place in the UK, or that any copies were transient.
>I’m saying; if you’re covering a court case, don’t go off on a tangent and start saying things which are misleading or false with regard to the case.
This adds the caveat "as far as I can tell". That's a caveat that the capability to produce Getty outputs has been removed, it can be tested and amended if new information comes to light.
>What people care about is what the court rules.
Courts also rely on experts and expert testimony, the judge here is even citing a law professor's opinion. The idea that judges never rely on legal experts and commentators is strange.
>There is, to my knowledge, no mitigation of this that has been implemented, or even conceptualized by either stability or anyone else.
I've tried with newer models, and you can't produce outputs with Getty logos, if you use "getty images" in prompts it won't work. Even if you type "Getty" you don't get the logo, I remember reading a tweet by Emad that any reference to Getty had been removed as of 1.5, but I can't find it anymore, maybe deleted now?
So yes, this is a thing, feel free to try it for yourself.
Derivative work has a specific meaning in copyright law, there has to be something in the output, and that's not the case here. Otherwise every single owner of 5 billion images could sue you for your "cat at a cafe" midjourney picture.
Judge Orrick in one of the US cases already called this idea 'nonsense", his words.
I'm finding it amusing that everyone immediately assumes infringement, OpenAI is a company that will not be inviting lawsuits.
We can't assume any licensing behind closed doors, my guess is that OpenAI has an agreement with Getty, take a look at the licensing in this Observer piece, it's been licensed by Getty, this would indicate that Getty are happy with scraping.
It's more difficult to trademark stuff like style, there are certain rules of what can be trademarked; long story short, non-graphical representations need to be clear, precise, self-contained, easily accessible, intelligible, durable and objective.
Trademark also gives a more limited protection in some ways.
Characters are different, as recognisable characters have copyright on their own (not all characters do). But let's say you're drawing a painting from memory, you may or may not be infringing copyright. The question is about substantial copying.