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> we are temporarily banning [...] all models or LoRAs trained on content created with outputs from SD3 based models. Again we see this bizarre standard where

> we are temporarily banning [...] all models or LoRAs trained on content created with outputs from SD3 based models. Again we see this bizarre standard where the licensing of AI model output is taken more seriously than the licensing of any other type of training data. CivitAI is absolutely filled with LoRAs trained on the work of artists who refuse to license it for that purpose, but only LoRAs based on the output of an AI model with a restrictive license are over the line apparently? It's a similar story with LLMs, e.g. OpenAI scooping up unlicensed data to train their models, but then turning around and proclaiming that the license of ChatGPTs output forbids using it to train a competing model. The license of data used for training either matters or it doesn't, you can't have it both ways.

artninja1988 2y ago
I wonder if it's enforceable, since model output isnt copyrighted. At least in the US
- dwallin 2y ago
  (IANAL) Assuming it's not a copyright violation, just a contract violation, if you get access to the model weights without entering said contract you could make a strong case that none of the restrictions apply to you. However, as far as I can tell this is not settled case law, and the entities distributing these model weights are definitely hoping for them to qualify for some level of copyright protection. However, even if thats the case, the resulting images are not currently subject to copyright in the US, and can be used freely by non-parties. Even if that changes down the line, these images would almost certainly be considered derivative works from the model, and these models already assume that training is fair use anyway.
razodactyl 2y ago
What happens when output licensing is enforced. Will be a shitstorm no?
- ilaksh 2y ago
  Right, I think that's really the concern. People may care about artists in an abstract way, but the only thing that they are practically concerned about when it comes down to it, is what has a strong chance of causing significant legal or other real world issues for them. It's also partly a reaction to the whole episode and what everyone is saying. Everyone is laying one on SD3 right now. It's what you do. Not that they didn't earn it. But since everyone is talking about it, that must have at least got them thinking. It isn't good, there are alternatives, company with questionable actions that seem about collecting fees from the model. Makes sense to just avoid it. PixArt and Lumina should get more attention anyway. I keep hearing about closed source diffusion transformer projects. I hope we will see more open source like Lumina.
- killingtime74 2y ago
  Output licensing is not enforceable currently. Only humans can produce copyright-able content. Haven't heard a single country that has changed this.

artninja1988 2y ago

I wonder if it's enforceable, since model output isnt copyrighted. At least in the US

dwallin 2y ago
(IANAL) Assuming it's not a copyright violation, just a contract violation, if you get access to the model weights without entering said contract you could make a strong case that none of the restrictions apply to you. However, as far as I can tell this is not settled case law, and the entities distributing these model weights are definitely hoping for them to qualify for some level of copyright protection. However, even if thats the case, the resulting images are not currently subject to copyright in the US, and can be used freely by non-parties. Even if that changes down the line, these images would almost certainly be considered derivative works from the model, and these models already assume that training is fair use anyway.

razodactyl 2y ago

What happens when output licensing is enforced. Will be a shitstorm no?

ilaksh 2y ago
Right, I think that's really the concern. People may care about artists in an abstract way, but the only thing that they are practically concerned about when it comes down to it, is what has a strong chance of causing significant legal or other real world issues for them. It's also partly a reaction to the whole episode and what everyone is saying. Everyone is laying one on SD3 right now. It's what you do. Not that they didn't earn it. But since everyone is talking about it, that must have at least got them thinking. It isn't good, there are alternatives, company with questionable actions that seem about collecting fees from the model. Makes sense to just avoid it. PixArt and Lumina should get more attention anyway. I keep hearing about closed source diffusion transformer projects. I hope we will see more open source like Lumina.
killingtime74 2y ago
Output licensing is not enforceable currently. Only humans can produce copyright-able content. Haven't heard a single country that has changed this.