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by skissane 636 days ago
> Generally I don't think people are arguing that copyright law should be more lenient to AI than it is to humans. If your work gets ripped off (a substantially similar copy not covered by fair use) you can sue regardless of tools used in its creation.

With humans, copyright law deals with knowing and intentional infringement more severely than accidental and unintentional infringement.

With an AI, any infringement on the part of the AI end-user is very likely going to be accidental and unintentional rather than knowing and intentional, so the legal system is going to deal with it more leniently, even if actual infringement is proven. The exception would be if you deliberately prompted it to create a modified version of a pre-existing copyrighted work.

With humans, whether infringement is knowing or not, intentional or not, can turn into a massive legal stoush. Whereas, if you say it is AI output, and it appears to actually be AI output, it is going to be much harder for the plaintiff (or prosecution) to convince the court that infringement was knowing and intentional.