A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: AI

Proof I have other hobbies
Andrew E. Russell, displayed with permission

I don't talk about it much on the blog, but my other hobby (beyond writing about litigation and the District of Delaware for funsies, photography, and having an absurd-by-today's-standards number of children) is writing and speaking about AI and the law. I've been speaking about AI issues on panels at conferences since 2018. Most recently, I moderated a Sedona Conference panel about Copyright and AI.

In the context of copyright and AI, the question of whether training an AI model on copyrighted content is fair use is basically life-or-death for a lot of current AI models. Big generative models like ChatGPT are (typically) trained on giant masses of data collected from books, …

I put
I put "getty images" into Stability AI, and it spat this image right out, complete with mangled Getty Images watermark. AI Generated

There was a big complaint filed on Friday in the District of Delaware—Getty Images, a the very-well-known provider of stock images, filed suit against Stability AI over its use of Getty Images stock photos to train its image generation algorithm, which it calls Stable Diffusion.

Stable Diffusion is one of the incredible AI-based image generators making news recently (along with others like Dall-E 2 and Midjourney). These AI models can accept a text prompt and generate a corresponding image. For example, prompted with "an elephant in roller skates," Stable Diffusion generated the following:

Elephant in Roller Skates
AI-Generated

So Why Is Getty Coming After Them?

Broadly speaking—and as alleged in Getty Images' complaint—Stability AI created Stable Diffusion by training a machine learning model to generate output by ...