For that one, I don't believe the original poster. Either they were doing a fine-tune only, or used an existing CLIP model — but both options imply there was Copyrighted data used. No way you could know "Sonic" means a blue hedgehog with cartoon shoes otherwise.
@alexjc
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Data Quality and Legal Optimization in AI Model Development
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You mean that people will get used to the features? I still think there'll be a wave of legal "optimization" just like they are now optimizing performance. If you can build a model with 100% clean data, that has inherent value to those wanting to minimize risk (govt, bigcorp).
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Ideology Drives AI Policy More Than Legal Foundations
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(A lot of people do want that, but it's important to understand the intention is ideologically driven not based on law.)
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Copyright litigation in digital age and AI generative models
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Hah, I was about to jump in too. It's only "unsettled" for those who want to re-litigate the past 20 years of copyright in the digital age.
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DSM Article 3 Contractual Rights Dispute Analysis
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Nice find! The dispute here does not involve the website owner though… Also, Article 3 of the DSM covers what can be done contractually.
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LAION Training Lawsuit Scope Analysis Court Ruling
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LAION is also training, but that's not part of the lawsuit so the court may (or may not) have to limit their analysis to that part. The judges indicated they would limit the scope for the analysis of uses, but relevant downstream factors should be taken into account per caselaw!
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LAION Lawsuit: Plaintiff’s Claim Coverage Limitations Identified
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The problem we discussed above, is that the plaintiff filed a claim that does not and cannot cover the whole of LAION's activities. That was a mistake.
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Data Laundering: How Non-Profits Exploit Legal Loopholes Systematically
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Data laundering is a tricky one because legislators are inclined to look at each event alone… then fail to see the big picture of non-profits doing otherwise illegal activities. It's the fallacy of composition: look all these small events are legal, so the whole thing must be?
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LAION Image Embeddings: Legal Implications of Lossy Reproduction
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LAION computes embeddings, they are compressed forms of the images, could be easily argued to be another lossy Reproduction. (If Robert's lawyers had done their job well, this would have come up.)
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Embeddings as Derivatives: TDM Exception Legal Analysis
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I think this is a technical mistake: an embedding, as used in the comparison, is a compression of the original input through a neural model that can be reconstructed. It's a derivative! TDM exceptions do now allow creating derivatives either, let alone disseminating them.