Lots to comment on but this stood out:
> “A lawsuit like this heightens the demand for Generative AI replacements.”
Most generative AI corpora were arguably trained on copyrighted material, making the output potentially infringing.
Ye olde double edged sword
On one hand aggressively punitive copyright claims stifle creativity and innovation in transformative art. On the other hand, generative AI reopens that transformative creativity.
same goes for anything you output :)
Even if the specific image being infringed were not in the corpus, it's possible that a court would return a judgment of copyright infringement.
Consider the case where someone deliberately prompts the AI to build a facsimile image and the AI does a creditable job after some tweaking.
Except everyone who has tried to argue that in court has lost.
There is plenty of precedent being written here. It does not seem to be the case at all for the average use of this technology.
https://www.congress.gov/crs-product/LSB10922