Among the issues are whether the AI systems they run on actually contain copies of copyrighted images that were used to create infringing works and if the artists can substantiate infringement in the absence of identical material created by the AI tools. Claims against the companies for infringement, right of publicity, unfair competition and breach of contract were dismissed, though they will likely be reasserted. ...
[Stable Diffusion] maintains that training its model does not include wholesale copying of works but rather involves development of parameters — like lines, colors, shades and other attributes associated with subjects and concepts — from those works that collectively define what things look like. The issue, which may decide the case, remains contested. ...
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