While 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

While 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.