Comment by skeaker
2 years ago
> DMCA defines copying as theft.
Then the DMCA would be wrong: Theft requires the original owner to lose their property, which does not occur when copying data. This is no surprise as the DMCA has always sucked.
Frankly you missed my point entirely, the DMCA and my/the technical community's general disdain for it doesn't have much to do with what I wrote. What I'm saying is that in 99% of cases AI art is unique enough that you simply cannot pin it to an existing author and say that they were copied directly. There are obvious exceptions when you prompt it as specifically as possible to try to make a copy as best you can (which is still never quite 1-to-1 with the original), but in 99% of cases, it is pretty much not possible to pay the "original artist" because you cannot identify them. What good is an unenforceable rule?
> Then the DMCA would be wrong
It's encoded in law. I wasn't talking about "what should be", I was talking about "what is".
> it is pretty much not possible to pay the "original artist" because you cannot identify them
there are numerous cases where an AI has spat out "literally just the original image, but badly". It really sucks that AI companies might literally have to- checks notes -"pay the people they're stealing from", though. Oh, my heart weeps for those billionaires that might have to shed a penny from their fortune to help those they sleep upon.