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Appendix B
Appendix B
The relevant context in which the average consumer will encounter the watermarks*
I consider in this Appendix the manner in which consumers are, or would be, exposed to the Signs in issue. I need only undertake this exercise in relation to v1.x and 2.x (owing to factual findings made in the Judgment ruling out trade mark infringement in respect of SD XL and v1.6). Ultimately I have determined that none of the matters relied upon by Stability in respect of the means of access as relevant context negates the scope for infringement.
- Heading
- Mrs Justice Joanna Smith DBE INTRODUCTION
- FACTUAL BACKGROUND
- PROCEDURAL BACKGROUND
- THE WITNESSES AND EVIDENCE
- LEGAL RESPONSIBILITY FOR STABLE DIFFUSION v1.X
- THE TRADE MARK INFRINGEMENT CLAIM
- The Expert Evidence as to the scope for generation of watermarks*
- Annex 8I
- The Getty Watermark Experiments and Annex 8H
- Re-worded prompts
- Evidence of watermark* generation “in the wild”
- Model v1.x
- Models SD XL and v1.6
- SECTION 10(1) INFRINGEMENT
- Use of a Sign
- Identity of Mark and Sign
- Identity of goods or services
- Getty Images Watermarks*
- SECTION 10(2) INFRINGEMENT
- SECTION 10(3) INFRINGEMENT
- PASSING OFF
- THE SECONDARY INFRINGEMENT CLAIM
- COPYRIGHT SUBSISTENCE AND OWNERSHIP
- THE LICENSING ISSUE
- Sources of law
- The interpretation of written contracts
- REMAINING OUTSTANDING ISSUES
- CONCLUSION
- Appendix A Glossary of Terms
- Appendix B
- I shall address the following scenarios a consumer generating content through a locally downloaded copy of Stable Diffusion v2.0
- Local Downloads via GitHub and Hugging Face
- Stable Diffusion v2.x The Stability GitHub page for v2.x includes the following features
- A General Disclaimer in the following terms
- The “Use-based Restrictions” in Annex A are stated as follows
- The model license is again stated to be subject to a CreativeML Open RAIL++- M License
- DreamStudio (v.1.4 and 2.0)
- Logging into the account, the user is again faced with a large stability.ai logo Conclusions