That is of course the point I am making. I don’t see how it is a straw man at all. CLIP is an integral part of Stable Diffusion and where all of the artist’s n

That is of course the point I am making. I don’t see how it is a straw man at all. CLIP is an integral part of Stable Diffusion and where all of the artist’s names are embedded. It has the exact same issues with fair use as any other model that has trained on data without permission. The courts have already made a distinction between the tool and the outputs of the tool, starting with Sony v Universal. The SD defense will absolutely use programs such as this iOS CLIP app to show “commercially significant fair use”. Someone can’t say that a model is fair use when used for natural language search of their own photos but then that same model is not fair use when used to create a new image. The model is either fair use or not. The outputs are either infringing or not, and this assessment is not based on the tool used whatsoever.