INAL but I think the test is does it, "harm the market for or value of X's images" so the information theory of bits and bytes doesn't really matter. I think s

INAL but I think the test is does it, "harm the market for or value of X's images" so the information theory of bits and bytes doesn't really matter. I think stable diffusion, chatGPT, or CoPilot may actually fail this test - it depends on much leeway they get for the perceived public benefit and the 'transformative-ness' of this technology. What would be pretty cool would be that if the courts decided open-source = public benefit = acceptable, proprietary for profit platform = no public benefit = unacceptable without consent.