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Artists lose first copyright battle in the fight against AI-generated images
(www.computerworld.com)
This is a most excellent place for technology news and articles.
I don't understand how it's not plausible to know whether works aren't copyrighted in the data or not. That has to be tracked for multiple reasons and if AI teams pulled in the full data set to train the model it should be a matter of filtering out works that have usage restrictions applied. I would think it is just a matter of the AI team choosing to ignore usage restrictions rather than an inability to adhere to them.
It seems to me like the judge is misunderstanding or disregarding the nature of the data and procedures for deselecting cases.