Like I said to another poster - you've probably seen a Picasso. Can you make me a copy?
Because a Diffusion model can. But you can't. Why not?
Your denial that there is a demonstrable difference between human and machine attention is part of the core obfuscation these companies are using to win this battle, so I reject it entirely. That difference creates the whole issue. If you don't recognise it, then answer me - Why can't you paint me a Picasso? You're saying the Machine is just like a human, yet a simple question of reproduction tells you it's not like a human in any way. It's a machine, and it produces machine reproductions. It learns faster and more accurately than any human, and its purpose is to produce derivative works. If the machine didn't need human data to do this, this discussion would be academic. But it does.
So the whole future of the Arts will be decided by investigating what the machine actually does, not the simplistic idea of it´s just like a human.
You have to evaluate the machine's abilities and impact onto the world. And that's the tough part. But just saying "hihih it's just a person" while it produces superhuman output is not a solution, it's just a lie that was invented by the people profiting from these models.
>Is your argument that this AI would be legally prohibited from viewing any images it doesn't have a specific license for?
Yes. You pay for access.
It has learned to make pixels a particular color to mimic that style, but that's it.
This whole argument of "ah but it doesnt really need it" doesn't hold up. If the model didn't need it, it wouldn't have used it in the first place.
Same thing in Artstation. It was of course propitious for AI scientists to find such a lovely database of high quality imagery, and all so helpfully tagged into categories.
All they had to do was take it.
You claimed the model can reproduce an image from that training data. That's false, and what the judge dismissed.
Whether using copyrighted data to train a model is fair use or not is a different discussion.