[williamcotton]

> i spoke to law profs about this - the analogy which kept coming up is the vcr. initially basically a piracy machine, it brought to life an enormous content market. had it been banned, creators would have been worse off in the long run.

It’s called Sony v Universal, and the legal doctrine for fair use that resulted is a test for “commercially significant non-infringing use”, of which a tool used for inpainting to remove power lines, latent space psychedelic visuals, and photo booth-painterly-style all are.

Imagine if Stable Diffusion was made illegal. Someone accuses me of using this illegal tool for one of these non-infringing uses, that is an image that doesn’t look like anyone else’s image as far as the court is concerned for copyright. I put the image on my website. If the image itself is not at all infringing, then what is the evidence that Stable Diffusion was used? Should the police be issued a warrant to search my private property for proof that I used Stable Diffusion without a shred of evidence or based on a tool that will always have both false positives and negatives?