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Re:Lawsuit challenging Stable Diffusion filed against Devian... by IncRnd on Saturday January 14, 2023 @05:03PM (#34384582)
I can draw Biden, yes, but SD can only draw Biden by deriving it's output from the images on which it was trained. This is a simple tautology, because SD cannot draw Biden without having been trained on that data.

SD both creates derivative works and also sometimes creates pixel level copies from portions of the trained data.

Re:Lawsuit challenging Stable Diffusion filed against Devian... by williamcotton on Saturday January 14, 2023 @05:22PM (#34384721)
Yes, and we are now using the artistic definition of “derived” and not the legal definition.

You cannot copyright “any image that resembles Joe Biden”.

Re:Lawsuit challenging Stable Diffusion filed against Devian... by IncRnd on Sunday January 15, 2023 @03:17PM (#34392868)
This isn't about what can be copyrighted but that there are copyrighted images being used without following the legal requirements.
Re:Lawsuit challenging Stable Diffusion filed against Devian... by bobbruno on Saturday January 14, 2023 @07:42PM (#34385598)
Can you draw Biden without ever having seen him or a picture of him? So,why is it that you are not deriving but SD is?