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If you have a basic understanding how AI works then this argument doesn't hold much water.
Let's take the human approach: I'm going to look at all the works of popular painters to learn their styles. Then I grab my painting tools and create similar works.
No credit there, I still used all those other works as input and created by own based on them.
With AI it's the same, just in a much bigger capacity. If you ask AI to redraw the Mona Lisa you won't get a 1:1 copy out, because the original doesn't exist in the trained model, it's just statistics.
Same as if you tell a human to recreate the painting, no matter how good they are, they'll never be able to perfectly reproduce the original work.
But it does hold water. The original image might not be contained within the model, but the fact that it was trained on stolen data makes it problematic. Even if humans do the same, an AI model is not a human but a product, and therefore needs to adhere to different rules.
If a painter looks at another artist's painting, then decided to paint something similar, is that stealing?
@RightHandOfIkaros If they are just painting for themselves to learn new techniques or styles, no. If they are purposely trying to copy it to sell or pass off as the original artist, yes. A for-profit corperation taking works that have not been authorized for commercial use in order to develop their for-profit software is indeed stealing.