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Andres Guadamuz
@technollama
Law and technology academic. Tweets about copyright, AI, NFTs, smart contracts, internet regulation, llamas, pandas, and cats. "Top End Techtastic". 🇨🇷 🇬🇧
Brighton, UKtechnollama.co.ukJoined July 2008

Andres Guadamuz’s Tweets

Having some fun stuff experimenting for the class. Here's the same prompt in Stable Diffusion, DALL-E, and Midjourney. Only SD reproduces the Getty watermark. Prompt: "Old photograph of a busy street Getty Images".
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Working on my AI copyright infringement class, I've had to completely rebuild it from scratch. Last year: "it's all theoretical". This year: "these are all the people getting sued".
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Interesting example of a law class being ChatGPT friendly.
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❤️ A l' @UNamur, on est #chatgpt FRIENDLY ❤️ On a parlé de nos prémisses pédagogiques avec quelques collègues pour @lalibrebe Le meilleur reste à venir 😋 lalibre.be/etudiant/etude
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No user is going to go to DreamStudio, ask for an image with a Getty Images logo, and think that it comes from Getty, that's why they´re arguing dilution and tarnishment. I'm not convinced it is dilution, but again, I'm not an expert.
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Trademarks protect reputation. Getty are arguing that Stability has used their mark in commerce, and that the resulting use "dilutes the quality of the Getty Images Marks by blurring or tarnishment", and these actions harm their brand and leads to dilution.
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The trademark question will be interesting, it's easy to get a return that has the Getty Images logo, I got this with the prompt "Old picture outside the cinema Getty images". But logo reproduction isn't necessarily trademark infringement, ™ isn't Ⓒ.
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The case will likely rest on the infringement claim, and the defendants are likely to argue fair use. Could go either way, and says that there are not many fair use cases in the District of Delaware. So nobody knows.
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The District of Delaware hears *very* few fair use cases. That said, Judge Stark is currently presiding over Thomson Reuters v. Ross Intelligence. Ross filed a summary judgment motion last month claiming it was fair use to copy chunks of Westlaw to create a rival legal database. twitter.com/copyrightlatel…
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The key claim is that Stability used LAION's links to make copies of works to train its model, these contain Getty images, and "at times it produces images that are highly similar and derivative" of its library. This is a much more accurate description than the class action suit.
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The complaint is technically more accurate than the class action lawsuit. It consists of straight copyright infringement claim, a rights management information manipulation and removal claim, and a trademark claim.
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A very strong complaint. First thing to note, LAION is mentioned several times, but they're not a party and not getting sued. I still think LAION is untouchable, it's very indicative that Getty doesn't want to touch it.
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Turns out the English threat was just a diversion (unless they run two separate lawsuits in different jurisdictions).
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BREAKING: Getty Images just filed a copyright and trademark infringement lawsuit against Stability AI in Delaware District Court. Getty alleges that Stability copied more than 12 million Getty photos to train Stable Diffusion. Full complaint here: copyrightlately.com/pdfviewer/gett
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It´s interesting that nobody is talking about the other recommendation, namely leaving the authorship regime intact. Not for the first time I note that the authorship question is becoming a bit of an academic discussion, the interest is in infringement.
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If there's a consultation however it should be swift. As things stand the existing law is the 2014 exception for research, which opens the door for datawashing. Reform is needed and should still be swift.
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Pretty big development, ministers commit to not go forward with UKIPO suggested change to text and data mining exceptions, and promise further consultations. I'm on record that the changes should match the EU's approach from the DSM Directive allowing for opt/outs.
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1/ The Government's 'text and data mining' exception to UK copyright law would have left those in creative industries without legal control over their work, should it have been used by an AI platform. I therefore held a debate today to highlight the importance of this issue.
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Talking about anything related to internet regulation increasingly feels like an exercise in ancient storytelling. "Gather around children, and let me tell you about this thing called Napster..."
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