It could of course go up to the scotus and effectively a new right be legislated from the bench, but it is unlikely and the nature of these models in combination with what is considered a copy under the rubric copyright in the US has operated effectively forever means that merely training and deploying a model is almost certainly not copyright infringement. This is pretty common consensus among IP attorneys.

That said, a lot of other very obvious infringement in coming out in discovery in many of these cases. Like torrenting all the training data. THAT is absolutely an infringement but is effectively unrelated to the question of whether lawfully accessed content being used as training data retroactively makes its access unlawful (it really almost certainly doesn’t).

Even in your latter paragraph, it wouldn’t be an infringement. Assuming the art was lawfully accessed in the first place, like by clicking a link to a publicly shared portfolio, no copy is being encoded into the model. There is currently no intellectual property right invoked merely by training a model-- if people want there to be, and it isn’t an unreasonable thing to want (though I don’t agree it’s good policy), then a new type of intellectual property right will need to be created.

What’s actually baffling to me is that these pieces presumably are all effectively public domain as they’re authored by AI. And they’re clearly digital in nature, so wtf are people actually buying?

If you are “torn” on whether it is a good thing to grant a wealthy campaign donor unfettered and unquestionably illegal access to government and bureaucratic infrastructure, with zero accountability or oversight, and who has displayed absolutely zero competence at managing any public institution (and in fact has a record of incompetence at managing private enterprises), then I honestly think you’re one of the millions of Americans who just needs to fuck off and stop contributing to adult decision-making. You’re simply not up to the task.

I’m an IP attorney whose been pretty specialized in ML-enabled technologies for a decade now, and have worked in-house for fortune 500 companies so I’m pretty familiar with how these queries are often handled, especially at multinats. There honestly probably isn’t someone in your legal with all three of seniority, understanding and keeping up with the legal nuances, and understanding of the underlying technologies. The overlap in my experience is few and far between.

Well, also if the guy was just dumping AI generated code arbitrarily into your product, that pretty significantly risks the copyright over the entire product into which the generated stuff was integrated (meaning, anyone can do whatever the fuck they want with it).