[locutous]

> That’s going to be hard to argue. Where are the copies?

Discovery will show exactly what the base images for training are. You can view that the outputs are derivative works.

I don't think the mechanism is going to shield the violation, and frankly it shouldn't.

License your source material for the purpose and do it right. Doesn't everyone know it's wrong to steal?

[miohtama]

People in art school also practice by studying existing art and images.

[thethimble]

I think what’s clear is that this is an unprecedented type of use. I’m really interested in seeing how the courts rule on this one as it has wide implications for the AI era.

[joshspankit]

If not done extremely carefully, it also has wide implications for human artists

[speleding]

Because this use is unprecedented, as you say, it's clear that the law wasn't written with this use case in mind. The more interesting question in my mind is what we think the new law should be, rather than what the courts happen to make of the existing law. I.e., I think the answer should come from politicians not from judges.