There are thousands of different diffusion models, not all of them are trained on copyright protected work.
In addition, substantially transformative works are allowed to use content that is otherwise copy protected under the fair use doctrine.
It’s hard to argue that a model, a file containing the trained weight matrices, is in any way substantially similar to any existing copyrighted work. TL;DR: There are no pictures of Mickey Mouse in a GGUF file.
Fair use has already been upheld in the courts concerning machine learning models trained using books.
For instance, under the precedent established in Authors Guild v. HathiTrust and upheld in Authors Guild v. Google, the US Court of Appeals for the Second Circuit held that mass digitization of a large volume of in-copyright books in order to distill and reveal new information about the books was a fair use.
And, perhaps more pragmatically, the genie is already out of the bottle. The software and weights are already available and you can train and fine-tune your own models on consumer graphics cards. No court ruling or regulation will restrain every country on the globe and every country is rapidly researching and producing generative models.
There are thousands of different diffusion models, not all of them are trained on copyright protected work.
In addition, substantially transformative works are allowed to use content that is otherwise copy protected under the fair use doctrine.
It’s hard to argue that a model, a file containing the trained weight matrices, is in any way substantially similar to any existing copyrighted work. TL;DR: There are no pictures of Mickey Mouse in a GGUF file.
Fair use has already been upheld in the courts concerning machine learning models trained using books.
For instance, under the precedent established in Authors Guild v. HathiTrust and upheld in Authors Guild v. Google, the US Court of Appeals for the Second Circuit held that mass digitization of a large volume of in-copyright books in order to distill and reveal new information about the books was a fair use.
And, perhaps more pragmatically, the genie is already out of the bottle. The software and weights are already available and you can train and fine-tune your own models on consumer graphics cards. No court ruling or regulation will restrain every country on the globe and every country is rapidly researching and producing generative models.
The battle is already over, the ship has sailed.