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Comment by tbalsam

3 years ago

[flagged]

I'm not sold on your argument. I'm not an artist but I don't see how an artist using Nightshade is breaking the law. From an anti-AI point of view, you illegally took my artwork and used it. How is it my fault you didn't understand what you were stealing?

  • Currently it's not legally defined what is stealing and what is fair use with respect to this, which is of course why k feel it is such a strong issue, however, poisoning data and intentionally masking it to hide said poisoning is rather blatantly illegal.

    Rather clearly I think most people support individual IP protection and that's not really a contested issue, however what is fair use and where things fall in that gray area is where things do get dicey.

    • The "blatantly illegal" part is the part I'm not understanding. I drew something, I did some processing on it, I put it online, someone grabbed it and used it without my permission. I'm not clear on the illegal part.

      > Rather clearly I think most people support individual IP protection and that's not really a contested issue

      I think poking around HN or just this thread alone would tell you that at least people here don't support that.

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    • I wonder how your original claim balances with something like freedom of speech/expression? Ultimately it’s art and perhaps the Nightshade-modified version is a component of what makes the piece art?

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Why is it my responsibility to ensure my data doesn’t inadvertently harm your model that I have zero knowledge of?

  • Duty of Care, additionally from an alternative perspective there are a number of laws covering the transmission of data that is intended to cause harm to another system.

(I understand that this is not a popular point, but I really want to emphasize that I am talking about what is _currently legal_ right now, not at all about the ethicality of large companies using people's data. The latter is a much harder topic.

This is mainly about what the law considers to be legal or not legal and is trying to avoid the more emotional side of the topic.)