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A comment on On being listed as an artist whose work was used to train Midjourney. Parent comment

Re:On being listed as an artist whose work was used to train... by encomiast on Tuesday January 16, 2024 @02:39PM (#39017975)
It's seems just like a poor choice of words and semantic argument around the term "violate". Fair use is an affirmative defense — you concede you did this thing that would be illegal if not for this other extenuating information/circumstance. This is similar to claiming self-defense in a murder case — yes I killed that person, but it's not murder since I can show it was self-defense.

In this case it would be 'yes, I used this copyrighted work in a way that would be infringement were it not a fair use, but here's why it's fair-use.'

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Re:On being listed as an artist whose work was used to train... by madeofpalk on Tuesday January 16, 2024 @02:44PM (#39018041)
Thank you, yes - affirmative defense is exactly what I was trying to think of but couldn't remember.
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