You misread the case, lol. It went deeper than that. Basically, their conclusion was that the author couldn't claim ownership, for the same reason why artists can't arbitrarily sue the AI companies- specific authorship cannot be reliably determined.
Right so you can't own the stuff you generate, gotcha. Makes sense since as you say, it uses too much stuff from hundreds of different artists.
How do you credit things that are literally collages of possibly millions of sources put together by an algorithm?
Therein lies the problem, you can't.
Scraping's 100% legal, you know.
Scraping is legal sure, but that doesn't mean you can always take and use the stuff you scrape. Microsoft has gotten into trouble for taking data from children, for example. Whilst they were completely allowed to do the data scraping, they were not in fact, allowed to take data from children.
The same would be true here, they can scrape the data. But if said data is protected by CC licenses and copyright laws? Well you try to scrape Disney art data and use that for a generator and see how far that will take you.
The issue there is that, Disney has the money to hound the people trying to circumvent or ignore their copyright. I mean they're so damn bloodthirsty that they go after Preschools who paint their walls with mickey mouse.
A regular artist who is only protected by CC licenses don't have the capital, or often enough, the awareness to fight datascraping that use their protected stuff illegitimately, such as in AI or hell even just a company taking their art and adding it to their game (It happened quite recently with Bungies Destiny). It doesn't matter one way or the other how they got their hands on that information, it is wrong, both morally and legally, to use that data in the way they are.
These companies are just having a bit of breathing space simply for the fact that they scrape so much of it that they don't know where they got majority of it, and it would be difficult for any lawyer or rulesmaker to point out what exactly they've done that is illegal... which is what all this is about. The courts haven't caught up and haven't been able to go through all the legal issues involved to come to a conclusion whether it's legal or not.
Honest to god, legitimate and ethically sourced training data, if it exists. Is all right with me. Adobe Firefly (a program I only heard about today) seemingly does this, meaning I have no issue with it (aside from a personal disdain for AI generators).
It's like saying you can't post a Photoshop-edited image unless always posting the name of every coder who ever worked on the software, as well as citing all of the papers they consulted while constructed their software, and so forth.
Obviously, no, we don't bother IRL, because it's silly. Your argument is reductio ad absurdum. IRL, if we want to make a nod to the unlikely legal perils of work that emerged from sheer chance, fine... "made this with AI" is sufficient.
You're being a bit obtuse and pretentious here, but no. You wouldn't need to credit every coder who worked on it. You would simply credit photoshop itself as a program, "Edited using Adobe Photoshop" and that is about all you'd need to do if it was required in the first place.
And yes if we ever reach a point where it's clear legally where AI stands, we'd probably have to credit the program one used to make it.. as you would with any other kind of crediting.
The idea here is that the Generators wouldn't have dubious "Maybe it's legal?" data once all this is said and done... but right now? It does, most of them do.
I don't know about you, but we got taught the importance of sourcing and crediting in school and how important it is as early as.. I want to say.. 7th grade? Ages 13-14? Highschool? Whatever terminology your nation uses, and yeah sure, maybe modding isn't as big of a deal as that. But it's the common decency to give credit where credit is due, even if you don't get a gold star for it.
ADHD Edit: In either case, I think I am done with this. I don't want to take up anymore space in this thread than I already have.
To put it shortly.. Like the Hegemony, I am Anti AI. But if you (You: Meaning anyone reading this) can prove that it is legally and ethically sound, and are willing to source and credit the people used in it (Be it through the generator itself), then I have no issue with it.
Ciao, this fox lady is starting to overheat from this damn weather.