this post was submitted on 26 Jan 2024
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Wasn't that known? Have midjourney ever claimed they didn't use copyrighted works? There's also an ongoing argument about the legality of that in general. One recent court case ruled that copyright does not protect a work from being used to train an AI. I'm sure that's far from the final word on the topic, but it does mean this is a legal grey area at the moment.
If it is known, then it is copyright infringement to download the training sets and therefore a crime to do so. You cannot reproduce a copy of the works without the express permission of the copyright holder.
How many computers did Midjourney copy its training weights to? Has Midjourney (and the IT team behind it) paid royalties for every copyrighted image in its training set to have a proper copyright license to copy all of this data from computer to computer?
I'm guessing no. Which means the Midjourney team (if you say is true) is committing copyright infringement every time they spin up a new server with these weights.
Pro-AI side will obviously argue that the training weights do not contain the data of these copyrighted works. A claim that is looking more-and-more laughable as these experiments happen.
No it's not illegal to download publicly available content it's a copyright violation to republish it.