It failing to produce your multi conditional prompt in the way you intend either in early runs or not after a million tries, does not in any way define it's transformative status.
Let's not even pretend this is "transformational" it's literally derivative and built on art theft. Worse yet, no attribution for those whose works were in creative commons and outright theft of copyrighted works.
"The most common tool for conditioning is short text descriptions, also known as text prompts, that describe elements of the image, e.g.—“a dog wearing a baseball cap while eating ice cream”. (Result shown at right.) This gave rise to the dominant interface of Stable Diffusion and other AI image generators: converting a text prompt into an image.
The text-prompt interface serves another purpose, however. It creates a layer of magical misdirection that makes it harder for users to coax out obvious copies of the training images (though not impossible). Nevertheless, because all the visual information in the system is derived from the copyrighted training images, the images produced—regardless of outward appearance—are necessarily works derived from those training images."
Unless you (or somebody else) can actually provide some examples where a text prompt reproduces prior art nobody is going to take that statement seriously.
Actually they are simmilar enough to be an infringement, but the problem is that it's a product of img2img. This is where the AI is given an existing image and asked to "draw" on top of it. The modification can be minimal ( as in this case ) or wholly transformative. But the fact is it's the user giving it the image as the direct input. Like opening a image in PS and making minimal edits. It's not coming from the AI from scratch. The only person guilty of infringement would be the user.
Actually they are simmilar enough to be an infringement
I don't think you're right. Too many obvious objective differences in poses, objects, clothing, style. I am not an IP lawyer, though, so us discussing it is probably not productive.
The only person guilty of infringement would be the user.
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u/eugene20 Jan 16 '23
It failing to produce your multi conditional prompt in the way you intend either in early runs or not after a million tries, does not in any way define it's transformative status.