Meanwhile, open source models and datasets are left out to dry, as they could still be sued. Either legitimately for openly including the copyrighted datasets, or illegitimately when the defendant can't afford to take it to court.
For users, this is a lose-lose lawsuit.
How come? If the artists lose the lawsuit, it's probably because AI vendors could prove fair use. From where I'm standing, it looks like it would leave everyone on fairly equal (albeit non-commercial) footing. If anything, it might give Open models an implicit advantage for being non-commercial and inherently novel.
But even if thats not the case, small time trainers do not always have the resources to fight a takedown. This could given large entities like OpenAI an advantage over smaller trainers.
Either way, I don't like this lawsuit one bit. They aren't arguing over the crux of the problem.
