no, my argument is that the tool being run by midjourney makes them liable for how it is operation. because it's their model, their program, their computer. They are responsible at every level.
>So if someone copies the contents of a novel into Google Docs, Google is liable for their copyright infringement, but if they paste it into Word running on their computer, all of the liability is on them?
not sure why you think that's relevant, but yes google is liable for copyright infringement facilitated by their platform. that's why if you upload a full-length video to youtube and the rights-holder posts a DMCA, google will delist or delete your video.
> At what point does the liability shift? What if all of the functionality is implemented in JavaScript in the browser, rather than running on someone else's server?
why the fuck would javascript change anything?
>I don't think the situation is nearly as cut and dry as you make it out to be.
it really is, there are well-established precedents for how this works and it's only not "cut and dry" if you arbitrarily consider AI startups to be exempt from the same rules that apply to everybody else.