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Author's Guild went the way it did because the judge was convinced that Google Books promoted books rather than replacing them. With an identical use case and n
by EamonnMR 4y ago
Author's Guild went the way it did because the judge was convinced that Google Books promoted books rather than replacing them. With an identical use case and no references back to Getty, you'd be hard pressed to make a similar case here.
- nickelpro 4y agoWhile undoubtedly the law in practice is driven by such sympathies, as least the black letter legal justification is not. The use cases are identical, the model built by Stability AI does not represent eo ipso a copyright violation in the same way the Google Books index did not represent such a violation. Both were built by scanning copyright materials, and in Authors Guild the Southern District of NY found that such scanning does not constitute a copyright violation.
- EamonnMR 4y agoCompetition is part of what constitutes infringement thought, and SD absolutely competes with Getty.