Doesn't suggesting that they should be sued into the oblivion automatically imply that the initial act was also, in fact, a problem?

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Would you sue a hammer for hitting your thumb? You have to sue the one wielding it.

Why would ChatGPT be sued exactly? They didn’t publish the picture, they did what the user asked. The user is responsible because they directed the creation and publishing. The user is the entity who should be sued. Or dmca’d. Or whatever.

Think if the user commissioned the art from an outsourced creative shop nobody has heard of. Then they published it. They wouldn’t go after the creative shop, they would go after the publisher.

(I am just addressing publishing here, training on the artist’s works is a different, well discussed issue)

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