An image of an archeologist adventurer who wears a hat and uses a bullwhip

And? What's the model supposed to do? It's just doing what many human artists would do, if they're not explicitly being paid to create new IP.

If infringement is happening, it arguably doesn't happen when an infringing work product is generated (or regurgitated, or whatever you want to call it.) Much less when the model is trained. It's when the output is used commercially -- by a human -- that the liability should rightfully attach.

And it should attach to the human, not the tool.

> What's the model supposed to do? It's just doing what many human artists would do, if they're not explicitly being paid to create new IP.

Not really? Why would a human artist create a faithful reproduction of Indiana Jones when asked to paint an archeologist? And besides, if they did, it would be considered clear IP infringement if the result were used commercially.

> If infringement is happening, it arguably doesn't happen when an infringing work product is generated (or regurgitated, or whatever you want to call it.) Much less when the model is trained. It's when the output is used commercially -- by a human -- that the liability should rightfully attach.

I agree. Release groups, torrent sites and seedbox operators should not be wrongly accused of pirating movies. Piracy only occurs in the act of actually watching a movie without paying, and should not be prosecuted without definitive proof of such (¬‿¬)