alt Hacker NewsSo if I draw a caricature of a politician in Illustrator, then Adobe goes to prison?
What if I draw a caricature of my own friends, in Illustrator, without first getting their consent? Does Adobe go to prison?
What if I captioned my illustration with my friend saying "It's my round!" (which is misrepresenting their position because it's never their bloody round), would Adobe go to prison then?
Replies
kelseyfrog • yesterday at 4:38 PM
No, there is currently no method to imprison Adobe nor any other company.
Having looked up the text, I can now answer my own questions.
1. As "the production of an individual’s photograph, voice, or likeness" is not Illustrator's "primary purpose or function", Adobe are off the hook. So is anyone else if they argue that the "primary purpose or function" is not the production of an individual's photograph, voice, or likeness. So if Grok can be prompted to produce any image, including porn of individuals, provided it's not the primary purpose of Grok, they're untouchable.
2. Even if the bill weren't worded that way, a legal person in Ireland allows for corporate personhood (https://legalguide.ie/corporate-identity/#separate-legal-per...), so Adobe Corporation, as the legal person who "distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device" (Illustrator) would not be subject to "imprisonment for a term not exceeding seven years", but it would be subject to "a fine" (maximum amount not specified)
3. Misrepresenting someone or not is irrelevant. The offense is when you either use the depicted person without their consent (regardless of how you represent them) or you intend to harm them (or recklessly don't consider the harm you might cause them), whether you have their consent or not. Harm specifically is {interfering "with the other person’s peace and privacy" or causing "alarm or distress" to them} _AND_ "a reasonable person would realise" that. It would be pretty difficult for a reasonable person (https://en.wikipedia.org/wiki/Reasonable_person) to think misrepresenting a politician would cause them "alarm or distress" or interfere with their "peace and privacy", so you'd probably be fine producing images of politician XYZ saying they hate freedom, want to take your guns away, eat babies, etc., as they get that day-in, day-out and it hasn't stopped them yet.