2 ms·

The arguments in this filing are pretty weak and I think it's going to all just boil down to fair use in the end. I don't see this trademark claim going anywher

The arguments in this filing are pretty weak and I think it's going to all just boil down to fair use in the end. I don't see this trademark claim going anywhere.

rvz 4y ago
> The arguments in this filing are pretty weak and I think it's going to all just boil down to fair use in the end. I don't think so and the complaint isn't just about 'trademarks' either. OpenAI was able to get explicit permission [0] from Shutterstock to train and on their images for DALLE-2. Stable Diffusion did not and is commercializing the use the model with Dreamstudio as a SaaS offering which the model has found to be outputting images with Getty's watermark [1] without their permission. That doesn't seem to be 'fair use' nor is it transformative either given the watermark is clearly visible in the generated examples here: [1] This is going to end with a settlement and Stable Diffusion licensing deal with Getty over the images; just like with OpenAI did for DALL-E 2 with Shutterstock. Neither Shutterstock or Getty are against Generative AI either even as shown in this deal with Getty recently [2] [0] https://www.prnewswire.com/news-releases/shutterstock-partners-with-openai-and-leads-the-way-to-bring-ai-generated-content-to-all-301658310.html https://www.prnewswire.com/news-releases/shutterstock-partne... [1] https://www.theverge.com/2023/1/17/23558516/ai-art-copyright-stable-diffusion-getty-images-lawsuit https://www.theverge.com/2023/1/17/23558516/ai-art-copyright... [2] https://newsroom.gettyimages.com/en/getty-images/bria-partners-with-getty-images-to-transform-visual-content-through-responsible-ai https://newsroom.gettyimages.com/en/getty-images/bria-partne...
- brycedriesenga 4y ago
  I can recreate a Getty watermark in Photoshop as well. Should Photoshop be held liable if I do that without Getty's permission?
munchler 4y ago
It's mostly a copyright claim, though. The trademark claim is just the ironic cherry on top.

The arguments in this filing are pretty weak and I think it's going to all just boil down to fair use in the end. I don't see this trademark claim going anywhere.

rvz 4y ago

> The arguments in this filing are pretty weak and I think it's going to all just boil down to fair use in the end. I don't think so and the complaint isn't just about 'trademarks' either. OpenAI was able to get explicit permission [0] from Shutterstock to train and on their images for DALLE-2. Stable Diffusion did not and is commercializing the use the model with Dreamstudio as a SaaS offering which the model has found to be outputting images with Getty's watermark [1] without their permission. That doesn't seem to be 'fair use' nor is it transformative either given the watermark is clearly visible in the generated examples here: [1] This is going to end with a settlement and Stable Diffusion licensing deal with Getty over the images; just like with OpenAI did for DALL-E 2 with Shutterstock. Neither Shutterstock or Getty are against Generative AI either even as shown in this deal with Getty recently [2] [0] https://www.prnewswire.com/news-releases/shutterstock-partners-with-openai-and-leads-the-way-to-bring-ai-generated-content-to-all-301658310.html https://www.prnewswire.com/news-releases/shutterstock-partne... [1] https://www.theverge.com/2023/1/17/23558516/ai-art-copyright-stable-diffusion-getty-images-lawsuit https://www.theverge.com/2023/1/17/23558516/ai-art-copyright... [2] https://newsroom.gettyimages.com/en/getty-images/bria-partners-with-getty-images-to-transform-visual-content-through-responsible-ai https://newsroom.gettyimages.com/en/getty-images/bria-partne...

brycedriesenga 4y ago
I can recreate a Getty watermark in Photoshop as well. Should Photoshop be held liable if I do that without Getty's permission?

munchler 4y ago

It's mostly a copyright claim, though. The trademark claim is just the ironic cherry on top.