Stable Diffusion uses all of the art as input and this is actually incredibly important. In fact, any specific piece of art can be removed and it will still work the same and this is also incredibly important.
Both show that there is no intent for individual infringement, with along with no infringing material being produced and the significant non-infringing commercial use like family photo touch-ups, it makes for a very strong narrative for the defense!
To change lanes to art for a second…
When I’m using a tool like Logic I can coax drums, Hammond Organ, 70s analog synths, out of my laptop. I can’t make any of those sounds with my body. I need a tool.
Without Logic I would have to own a drum kit (which I happen to do), know how to play it, know how to record it… with logic I just click a dozen times and I’ve got a drummer playing four-on-the-floor.
So when I do work with a real drummer don’t tell them exactly what to play on a grid like with a drum sampler in Logic, rather they just listen in contribute. Logic has a virtual drummer that does basically the same.
How different is it to fire up another piece of software and employ a virtual painter?
Ok, shift back over to technology and creative work… what are the pros and cons of drum samplers? Don’t they put drummers out of business? Isn’t the trade-off that now a lot more people have access to nice sounding drums and that the world has more music?