How is it that a model can produce what must be near 1:1 images ripped straight out of Pokemon Fire Red (The first ones) for profit and not be infringing copyright.
I know that's the game, but it seems CRAZY to me that they can do this.
How is it that a model can produce what must be near 1:1 images ripped straight out of Pokemon Fire Red (The first ones) for profit and not be infringing copyright.
I know that's the game, but it seems CRAZY to me that they can do this.
Training a model on a corpus which includes copyrighted images but which is not focussed primarily or exclusively on applications which violate copyright might be fair use in the US (so far, it seems that way.)
But that doesn't mean that producing outputs using the model so trained which are based on copyright-protected ones in ways which would violate copyright if produced by any other means doesn't still violate copyright. DMCA safe harbor might apply to the system owner (IIRC, the exact boundaries are fuzzy with UGC generated on the site by the provider’s systems rather than generated elsewhere and posted), so Google may not be liable for the infringement (though if it is actively searching for references online at generation and not relying on what is trained into the model, that would seem to weaken the case for that), but it's still an infringement.
The funny this is the main complaint I’ve heard so far is that it repeatedly refused to operate on original content… because it might violate copyright.
Yeah, the CSAM generated by grok proves the guardrails are only really good for stymieing benign uses.
It can’t. It violates copyright. The big players are the only ones with the money to pursue these things, but they’re interested in replacing artists with AI trained on their models so they settle and set up some sort of agreement. The little guys have no presidential case law to help them along, and nowhere close to the resources to push it that far, so they get steamrolled. I know artists famous enough for people— even commercial entities — to regularly blatantly rip them off by name with “in the style of” prompts, but there’s no realistic path to pursue it. Fame doesn’t pay legal bills.
Gemini uses google search to find references when making images, so it probably found the pokemon images online to do this.
> I know that's the game, but it seems CRAZY to me that they can do this.
Its not crazy that a search can find existing pokemon images. Maybe google should show which images it used as references to be more transparent here.