I agree. I wonder if using "james gurney" as a description here is a trademark issue. That said, I find things like "DALL-E 2 Variations" much more worrying. I

I agree. I wonder if using "james gurney" as a description here is a trademark issue. That said, I find things like "DALL-E 2 Variations" much more worrying. If you look at their flower shop example, it's difficult to argue that we still need stock photographers if you can get those variations for "free". But of course, the AI can only produce the variations, because some human took the original photo. So in effect the DALL-E variations then become a tool to obfuscate the original photographer so that you can use his/her work without paying. As for the datamining, I believe that's unrelated to the license. I believe in the US you are legally allowed to train your AI on any data, no matter what the original license was. Otherwise, Co-Pilot on GPL or MIT code would also not be permitted.