I never once mentioned legality. I mentioned ethicality. Clearly you are talking one while I mean the other. It doesn’t really matter if you are technically within the confines of the law here, this tool is clearly meant to bypass authors intent to steal image data, no matter the source. If an author has a clearly posted notice stating that you cannot use their images in a model, there would be no need for this tool, as you wouldn’t bother using those images in the model. But since these image models are built off of massive data sources that were obtained by scraping without even bothering to ask for permission, then you have people building tools to make sure that that can continue.

This is unethical. It does not matter what the law says, you are ignoring what an author might have indicated their rights to an image are and instead trying to use the law to bypass the ethicality and use those ill obtained images to train something that will eventually replace the author.

And bringing up the creator of nightshade here once again does not matter, this is a discussion about the ethicality of the tool you posted, not about the legality of others actions.