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I shall address the following scenarios a consumer generating content through a locally downloaded copy of Stable Diffusion v2.0
I shall address the following scenarios:
a consumer generating content through a locally downloaded copy of Stable Diffusion v2.0;
a consumer generating content through a DreamStudio account on Stable Diffusion v1.4, and v2.0; and
a consumer generating content through an API available on the Developer Platform in relation to Stable Diffusion v1.x or v2.x.
In so doing, I adopt much of what Stability says in its written submissions about the facts (which I did not understand to be in dispute).
- 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