They're getting destroyed in court, aren't they?
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Oh boy time for a hungover look at this complaint
. Some of my initial thoughts: ND Cal normally is a good venue for codecels so I'm shocked they didn't try to forum shop a little. The class allegations for cert seems likely acceptable, but that will be at least 2 years of litigation. The whole thing seems like it's going to be a fight contingent on a reading of fair use, and claim 2 might make it as far as a jury. Claim 6 is a fricking 
, and they put claim 9 after 6 because class action parasite lawyers can't count.
I always feel weird on these ones since technically I do IP practice, but since it's in the
realm of patents, I don't really deal with copyright except if it's a one-off. That being said, I love how adorablely non-complex the litigation is for it in comparison.
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This is actually really insightful, thank you!
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Just like all class actions, what matters from a defense side initially is fighting against the certification of the class which will live or die by FRCP 23. Which I think StableDiffusion might have its balls in a vice because it's really hard to argue that this isn't appropriate for a class. The type of alleged infrignment is identical across the spectrum, and I wouldn't be shocked if it makes it to that point.
That being said, it will 100% be an argument over whether or not fair use applies, and it will likely be appealed and fought over for quite a while.
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Link to the litigation for others
https://stablediffusionlitigation.com/
Edit: of course one of the plaintiffs is using a gender neutral Mx. Title
TIL also lol at dude winning a contest then pooping on artists
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Idk I’ve talked to attorneys about litigation against big tech and their opinion was that ND Cal was a mixed bag for plaintiffs. Jury disposition is mixed and the tech literacy rate might be higher so a decent case might still file in ND Cal. Not that this is one of those.
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