Not only that, but OpenAI didn't seem to know their CLIP model could be used to generate images (via Advad's CLIP+VQGAN) at all, otherwise they wouldn't have released it. So they did unintentionally start the "AI art" movement even if they didn't release a trained DALLE.
CLIP isn't the true blocker to entry, the dataset and compute is.
So it seems there actually aren't many barriers to entry at all. There's certainly a lot of legal questions, but if it's this easy to create your own model then it's hard to enforce anything…
The UK recently announced plans to make this completely explicit, to remove any remaining doubt: "For text and data mining, we plan to introduce a new copyright and database exception which allows TDM for any purpose. Rights holders will still have safeguards to protect their content, including a requirement for lawful access."
https://www.gov.uk/government/consultations/artificial-intel...
I'm guessing those teams didn't know in that they're AI researchers, and in my own employment at Google, I've been regularly reminded that being a technologist and being someone obsessed with a technology and pursuing it socially are different things.
Even without knowing the precise individuals that'd do it, I knew in February that by August there would be an open source model challenging state of the art back then, if only because given 6 months _some_ open source team would try scaling to a bigger model.
Another thing to point out is these teams are descendants of open source, Katherine Crawsons open source breakthroughs led to substantial improvements in DallE. Everyone should be saying her name 1000x more often.* She also helped create Stable Diffusion specifically, in substantial ways
* I think. Maybe I misunderstand the technology dramatically. But I think it's just poorly understood how much she's been involved.