"Piracy is Piracy" - Disney and Universal team up to sue Midjourney - Hypertext
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Hollywood bigwigs team up to sue Midjourney.
  • Disney and NBCUniversal have teamed up to sue Midjourney.
  • The companies allege that the platform used its copyright protected material to train its model and that users can generate content that infringes on Disney and Universal’s copyrighted material.
  • The scathing lawsuit requests that Midjourney be made to pay up for the damage it has caused the two companies.
  • kibiz0r@midwest.socialEnglish
    11·
    2 days ago

    Yes, that’s a good addition.

    Overall, my point was not that scraping is a universal moral good, but that legislating tighter boundaries for scraping in an effort to curb AI abuses is a bad approach.

    We have better tools to combat this, and placing new limits on scraping will do collateral damage that we should not accept.

    And at the very least, the portfolio value of Disney’s IP holdings should not be the motivating force behind AI regulation.

    • squaresinger@lemmy.worldEnglish
      1·
      24 hours ago

      Tbh, this is not a question about scraping at all.

      Scraping is just a rather neutral tool that can be used for all sorts of purposes, legal and illegal.

      Neither does the technique justify the purpose nor does outlawing the technique fix the actual problem.

      Fair use only applies for a certain set of use cases and has a strict set of restrictions applied to it.

      The permitted use cases are: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research”.

      And the two relevant restrictions are:

      • “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;”
      • “the effect of the use upon the potential market for or value of the copyrighted work.”

      (Quoted from 17 U.S.C. § 107)

      And here the differences between archive.org and AI become obvious. While archive.org can be abused as some kind of file sharing system or to circumvent paywalls or ads, its intended purpose is for research, and it’s firmly non-profit and doesn’t compete with copyright holders.

      AI, on the other hand, is almost always commercial, and its main purpose is to replace human labour, specifically of the copyright owners. It might not be an actual problem for Disney’s bottom line, but it’s a massive problem for smaller artists, stock photographers, translators, and many other professions.

      That way, it clearly doesn’t apply to the use cases for fair use while violating the restrictions.

      And for that, it doesn’t matter if the training data is acquired using scraping (without permission) or some other way (without permission to use it for AI training).