Comment on RichardAragon/NightshadeAntidote: An 'antidote' to the recently released AI poison pill project known as Nightshade.

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Even_Adder@lemmy.dbzer0.com ⁨9⁩ ⁨months⁩ ago

You should check out this article by Kit Walsh, a senior staff attorney at the EFF. The EFF is a digital rights group who recently won a historic case: border guards now need a warrant to search your phone.

particularly:

First, copyright law doesn’t prevent you from making factual observations about a work or copying the facts embodied in a work (this is called the “idea/expression distinction”). Rather, copyright forbids you from copying the work’s creative expression in a way that could substitute for the original, and from making “derivative works” when those works copy too much creative expression from the original.

Second, even if a person makes a copy or a derivative work, the use is not infringing if it is a “fair use.” Whether a use is fair depends on a number of factors, including the purpose of the use, the nature of the original work, how much is used, and potential harm to the market for the original work.

and

Even if a court concludes that a model is a derivative work under copyright law, creating the model is likely a lawful fair use. Fair use protects reverse engineering, indexing for search engines, and other forms of analysis that create new knowledge about works or bodies of works. Here, the fact that the model is used to create new works weighs in favor of fair use as does the fact that the model consists of original analysis of the training images in comparison with one another.

More importantly, Nightshade is anti-open source. Since the only models with open VAEs are Stable Diffusion’s open models, companies like Midjourney and OpenAI with closed source models you can’t poke around in can’t be like attacked with this tool. That’s not really something that should be celebrated.

Nightshade is also made Ben Zhao, the University of Chicago professor who stole open source code for his last data poisoning scheme. He took GPLv3 code, which is a copyleft license that requires you share your source code and license your project under the same terms as the code you used. You also can’t distribute your project as a binary-only or proprietary software. When pressed, they only released the code for their front end, remaining in violation of the terms of the GPLv3 license.

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