Class action lawsuit filed against image generation AI 'Stable Diffusion' and 'Midjourney'

A class action lawsuit has been filed against three companies, Stability AI, Midjourney, and DeviantArt, for creating products that violate the rights of artists and other creators under the guise of 'artificial intelligence.'

Stable Diffusion litigation Joseph Saveri Law Firm & Matthew Butterick

AI Art Generators - Copyright Litigation

Class Action Filed Against Stability AI, Midjourney, and DeviantArt for DMCA Violations, Right of Publicity Violations, Unlawful Competition, Breach of TOS breach-of-tos-301721869.html

The lawsuit, led by Matthew Butterrick of the Joseph Saveri Law Firm, a leading class action firm, sees an image-generating AI trained on billions of copyrighted images to steal money from artists. Stability AI, Midjourney, and DeviantArt are being sued for damages and an injunction to prevent future harm, alleging that the images have been downloaded and used without the compensation or consent of Stability AI.

Stable Diffusion is an image generation AI released by a company called Stability AI. While it has the convenience of being able to generate various images with a single sentence called 'prompt', there is also the problem that copyrighted images are used in the dataset used when learning AI.

Midjourney is also an image generation AI and provides a service to generate images from text.

DeviantArt is an artist community founded in 2000. More than 350 million works of art have been posted here by human artists, but the posted works are copied to the AI dataset ' LAION-5B ' and used as they are for learning Stable Diffusion. It has been pointed out that In this regard, Lawyer Buttarik said, ``DeviantArt did not protect the community from AI, and even released a paid app called 'DreamUp' based on Stable Diffusion.As a result, AI-generated art flooded DeviantArt. It's shut out human artists: When asked about the ethics and legality of these operations during a live Q&A session in November 2022, members of DeviantArt's management team, including the CEO, questioned why they were using terms of service and privacy. I couldn't explain why I was betraying the artist community by accepting Stable Diffusion while intentionally violating the policy.' He pointed out that images collected without permission from DeviantArt are being used for learning. , and provided DreamUp, which illegally infringed on the rights of their own art community.

In addition, DeviantArt announced at the release of DreamUp that ``the artist will establish a mechanism to convey the ``intention not to be used for learning'' to the AI developer, so this effort is also an issue in the trial. It seems that it will be

Lawyer Butterlick has been accused of direct copyright infringement, indirect copyright infringement related to counterfeiting, violation of the Digital Millennium Copyright Act (DMCA) , infringement of publicity rights , breach of contract regarding DeviantArt's terms of use, and Alleged violations of California's Unfair Competition Law.

Lawyer Butterlick said, ``If Stable Diffusion and similar products are allowed to continue to operate as they are now, these AIs will replace the artists themselves. AI image products simply protect the rights of artists. Not only does it infringe, but it annihilates the profession of “artist.” This lawsuit not only obtains wrongdoing relief, but also prevents the consequences of artist annihilation, as these products consume large amounts of intellectual property. We aim to follow the same rules as any other new technology we use: if music streaming can be done within the law, so should AI products.'

In addition, Lawyer Butterrick has also filed a class action lawsuit on the AI-based code completion service `` GitHub Copilot ''.

AI 'GitHub Copilot' finally learned with GitHub code faces class action - GIGAZINE

in Software,   Art, Posted by log1p_kr