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by cpymchn 1134 days ago
Category error: generative AI isn't making a copy. Says so in the name.
2 comments

That's not a category error, its a trivial characterization based upon the marketing term used to advertise the kind of service and is not a legal argument in the slightest.
The threshold in law is "substantial similarity", not an exact copy.
"In the style of..." is not substantially similar enough IMO.

I think a better foundation for generative AI regulation is the moral rights of the artist [1], not copyright law.

But the courts will take years, if ever, to get that far.

1. https://en.wikipedia.org/wiki/Moral_rights#In_the_United_Sta...

Geez - we went from being a category error, to something you disagree with based upon your opinion... what next?
You still have a different type of category error: The creator, AI in this case, lacks legal personhood, hence cannot be considered the legal author nor hold copyright.