Adobe Lightroom uses photos for AI training by default
toot.cafe
toot.cafe
This is ripping off artists and accessing unauthorised content of your customers executed at the highest level. Boggles my mind how this is even legal anywhere especially in countries under EU? Like how this is an opt out and not an opt in?
Seems like Content Analysis is turned on by default for the whole creative cloud suite. And, to make it worse, you have to go their site, login to your account and then opt out? Oh boy, I smell a gigantic lawsuit waiting to happen.
tweets from artists:
https://twitter.com/CrownePrints/status/1610441583899418624?...
https://twitter.com/SamuelDeats/status/1610365369134333955?t...
i had a friend who was "Being audited" by "Adobe and autodesk" because he had been using a student account being a college student and a family member was running a business and he says "one google ad last year i had put my own name along with that family member". the point of the audit was "to assess if there was any violation of copyright and if they were using only licensed software in their machines" and failing which they would be liable to pay full amount of the software with back payments."
i told the friend to tell them to "fuck off".... that was last year,
Open the door or I will have to use force /s
I will never give Adobe money, they are a pain for the whole mankind.
The HC judgement is available online.
This is from 10-14 years ago.
the guy was traumatized to a point he was asking if post HDD format, records of "pirated windows" would remain... oh boy
scummy way of making money.
the problem is, all these proprietary software companies, from tally in accounting to Microsoft with excel/word and adobe for example, they pay the colleges/schools to have their product be used in education. i am talking about india here specifically so the students "learn" that piece of software. that is precisely the idea behind "student discount" or "free for students".
That is what "most" companies do while the really scummy of them, adobe et al then go after these poor souls
I'm also in the EU and checked this (very well-hidden) option for the first time after reading the thread - and it is defaulted to off.
Yet more evidence for the usefulness of GDPR. At times like this I'm genuinely grateful for these EU regulations that protect the individual against the encroachment of corporations on their private lives and personal data.
This is pretty certainly a violation of GDPR in that case.
https://commission.europa.eu/law/law-topic/data-protection/r...
Here, we have effectively malware that is taking stuff that was never shared, from a personal or business cloud, and using it for some other purpose. That's a much bigger deal, because it involves stuff nobody agreed to make public.
I strongly suspect Microsoft does this too with Office. I'm always catching them trying to make excuses to upload images for "connected experiences" (industrial espionage) and I imagine in the end they just do it. This is a big problem, for example when working as a contractor and dealing with private client data. There is a risk that's hard to manage of big vendors stealing data through their software that I don't know how to manage
I think the only way I see a good outcome is that the FOSS models are so good there's no money to be made competing.
I feel like the discussion of ethical use of ML models, while a valid one, comes a couple of steps after that. Like, the hypothetical existence of good and fair FOSS models won't make this transgression by Adobe magically irrelevant, will it?
Face recognition had this problem for a long time: motivated companies with the right product, the right connections or the right amount of money can get much better datasets than what is available to researchers. Generative AI will face the exact same problem, along with the other difficulties of funding such models
(The difficult part is telling whether AI generated stuff infringes on the copyright of stuff in the training data. And the fact the onus is on the end-user of AI tools sucks...)
However - if you're arguing that copyright law should be extended to prevent use in training - that's a much tougher sell and one where I'm not 100% sure of my position.
What is perfectly clear are two things:
1. Github Copilot will sometimes produce non-trivial inputs it was trained on as outputs
2. Those outputs will not conform to the license
That is, in my mind, a clear violation. This could easily be solved by making training (or transformation or whatever) explicit in the license.
Edit: I single out Github copilot because such examples were found. I'm not sure you can find such examples for things such as Stable Diffusion or DALL-E, but the operating principle is the same.
DALL-E 1 will sometimes replicate watermarks (without being promted for it [1]). I'm not sure anyone has ever shown a 1-1 replication like what's shown with Copilot, but it's easy to get image models to create clearly derivative works (just ask for the Mona Lisa, or even a well-known modern work).
Training a model essentially creates a derivative work from the input data. GPL licensed code requires keeping the same license for derivative work. BSD-style licenses at the very least require retaining the copyright statement. It feels pretty clear to me that the trained model and code generated from it would have to adhere to the original license.
In a way ML is a bit like lossy compression. Would you think JPEG encoding and decoding an image strips the result of its original copyright?
Pretty clear indication that something is not yet 'transformative enough', IMO.
Same happens with Copilot and such - you can get it to spit out tens of lines of code verbatim pulled from someone else's project, with comments and all.
These kinds of things just don't sit right with me.
You're conflating two things here:
1. SD can generate art in the style of a specific person
2. It also adds signatures to some pieces
These are independent things. Sometimes it does 1 without 2 and sometimes 2 without 1. And the signature can appear on the wrong artist - or the signature is a weird mix of different signatures.
It's just that it's been trained on "paintings with signatures" so it includes them. It's not the damning evidence some claim it to be.
Comments and all would almost certainly be an infringement, as they are completely expressive and non-functional.
But you'll find that if you strip out those comments, it's possible that it would fail the test of the idea being separable from the expression [1].
[1] https://casetext.com/case/kern-river-gas-transmission-v-coas...
What is not fine is claiming that this is from the artist whose style is being copied. That makes your work a counterfeit.
To me, the legal protections for artists already exist: copyright offers protections against verbatim copying, laws against counterfeiting protect against original work made to be passed as if it were from the artist.
Whether these laws are still adequate in the face of AI-generated content is debatable and my guess is that we are in for interesting tests and debates around the subject.
Artists should have the means to protect their work. It's a condition to create a society where art can flourish in public. Everyone benefits.
However, artists should not be able to suppress the means of creation. Technology has always been a boon to Art. It can be the cause of huge shifts and some types of art may disappear in favour of new ones, but it's never hindered our innate need for creating art.
That creates a derivative work, which has a separate copyright on the creative addition (the moustache).
Training an AI has been found to be not creative work. The AI weights, as a result, are not a derivative work, and likely cannot be copyrighted.
Your GPL example is an unexpectedly poignant one, as well, though it will be to your chagrin.
If you publish your GPL code, and I learn from it and produce code that does the same thing, that is not restricted by copyright. Furthermore, if it's found that the expression of the code itself cannot be separated from the function, the expression is not copyrightable in the first place, and the GPL is redundant.
It's only in the instance that I reproduce your code exactly and the function is separable from the creative expression that your copyright is valid.
Regarding your JPEG compression, it's possible that a ML model will produce outputs that, of themselves, are copyright infringement. A recognizable picture of Ariel, for example. That doesn't mean that the training, the model, or anything else it produces is infringing.
The Mona Lisa has been in public domain for several centuries, so it's a pretty bad example.
https://en.wikipedia.org/wiki/Derivative_work#Examples_of_de...
Example: If I put my book on mybook.com, and you download it (legally), you can read it, learn from it, and produce works in a similar style, all without my consent, and copyright offers no tools to restrict that.
The only tool copyright offers to protect against that is distribution.
Since copyright doesn't govern your brain's "wetware", the comparison to human behavior is irrelevant.
The law has a very broad definition of creativity when a human is involved, even a human taking a picture of the Mona Lisa is considered creative.
Since humans train the A.I., and it takes creativity to design the training scheme, the A.I. would appear to me to clearly be a creative work and copyrightable.
You brought up a seperate issue of whether the model infringes the original work. And whether it's okay because the model doesn't resemble the original.
I don't think that's precisely the accurate legal standard. What's relavant is whether the copying into the model constitutes fair use.
One of the considerations of fair use is whether the use is transformative. But that's only one consideration a court will look at in determining whether the A.I. company can succeed in a fair use defense. I don't believe this is settled law.
But if there's any broad point I want to make, it's that the law does not ever consider a machine or piece of software "like a human" or say "If it's okay for a human to do it it's okay for a piece of software to do it."
Section 313.2 of the U.S Copyright compendium states, "The (copyright) office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author".
Moreover, the Copyright Act's definition of a computer program is “a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result”. Neural net weights are clearly neither statements nor instructions, so it's unlikely the weights would gain copyright as a computer program.
It's indeterminate whether the SSO doctrine[1] is operable on neural net weights, as it can be difficult to determine in which order weights are used. If those weights were to gain copyright protection, they may not be enforceable on similar sets of weights.
Regarding whether resembling the original work is the legal standard for being considered an infringing work: the test applied by a court is called Substantial Similarity[2], and it's extremely unlikely that neural network weights would be substantially similar to training data when considering the idea-expression divide.
Copying into the model... are you suggesting that if I have an image that's represented by an array in memory, and I copy that array from one memory location to another in my pc, that act of copying is the infringing act?
Fair use may even be a bit non-sequitur in this case. If I look at copyrighted art, I don't have a fair use case, because I haven't incorporated the art into anything, though the act of viewing has changed my brain. Training a neural net on training data may not even be considered incorporation.
On your last broad point... okay? I suppose.
[1] https://en.wikipedia.org/wiki/Structure,_sequence_and_organi... [2] https://en.wikipedia.org/wiki/Substantial_similarity
You might want to read this article:
https://www.law.cornell.edu/wex/fixed_in_a_tangible_medium_o...
Your brain is immune from copyright lawsuits as being a derivative work because your brain is not a tangible medium of expression.
Your thoughts are not derivative works under the copyright act because your thoughts, seeing as they are not contained in a tangible medium of expression, are not works at all.
Computers are clearly tangible mediums of expression.
We can argue whether a particular piece of software is copyrightable or whether a dataset is protected under the copyright act's definition of compilations.
But it should not be up for debate whether whatever is happening in your brain when you learn something is in any way relevant in terms of copyright law.
I would also add the idea- expression dichotomy is irrelevent.
If the dataset was merely ideas like "A boy goes to Wizard school" then you might win on that ground. But if you feed it the complete works of Harry Potter, no court is going to claim that the data the machine created based on Harry Potter is an "idea".
i am so glad blender project is slowly being accepted. i have a friend who laughed at me 7-8 years ago when i recommended him blender. recently we were talking about some stuff and he brought up blender as in "this is something i should test". i see that as an absolute win...
hopefully there are many other softwares like kdenlive or darktable or inkscape or others that need blender-like movement so that they can be capable alternatives
Inkscape on the other hand is like shoving forks in my eyes every time I try to use it. I started working on an web-based SVG editor just to cover my own usecases. I'm just using the browser renderer because the Inkscape frontend is a total joke. There's tearing when I try to resize a rectangle, and it updates at like 8fps. It's actually embarrassing that software can be that slow doing something so basic. It's incomprehensible to me, I can render and display these staggeringly realistic game worlds at 240fps and the very same hardware struggles to resize a rectangle.
But hey, another reason to hate the prison guard landlord.
Another
Darkpattern,
Only
Being
EvilThere's probably a clause in there about Adobe being able to do exactly that for reasons.
Putting all your photos in a folder does create a dataset, but doesn't meet the threshold of creative input for that dataset to be copyrightable as a compilation.
Now, you do hold the copyright on all of your photos. This means that you can restrict their transmission to others. You can even transmit them to someone as part of a contract that they not engage in a particular activity, like training an AI.
But if they proceed to train an AI using them, they've committed a breach of contract, not copyright. And I'll tell you, I'm not a lawyer myself, but instead a SME who works with a lawyer, and in order to receive relief for breach of contract, a judge is going to look to said contract in order to calculate damages. If you have a contract that says that something is a breach, but no language that assists a judge in calculating damages, you shouldn't assume you're going to get any relief in excess of, perhaps, an injunction.
And I'm afraid my knowledge is very US-specific.
Historically I've used Lightroom Classic, but I've always been worried about Adobe killing it off one day.
I think I might go back to Phaseone Capture One[1]. I tried it a while ago and found it pretty decent, despite the name its not just for Phaseone camera users.
I used to be a customer for the LR + PS bundle, got grandfathered when they turned LR into LR Classic but then Adobe tried to force me to upgrade to a more expensive plan multiple times, I stopped using Adobe completely and get all my photo editing needs from C1 + Affinity Photo. It's been a bliss to be away from Adobe.
Photoshop is improving its "remove background" like feature quite a bit lately. Sporting "AI" in their description.
I am not as outraged if that is the main use case.
I wonder if Google or Apple uses some form of the images they hold for similar purposes.
I can easily argue though that once they have the data they can use it to train all sorts of features including generating art which to me is far more upsetting.
Boy, I wish I could be this generous.
No matter how noble the intended use is, they're taking someone's work and using it without explicit permission in a very sneaky way. And it's opt out
Nope. Sorry, I can't find a way to look past that.
Basically we all have to trust forever some money-focused multinational corporations that they will keep being nice 'because its the right thing to do', or some similar marketing mantra. Look at any corporation and lawsuits around it and you will see very little morality anywhere.
For me, cloud is dead for most of my purposes, regardless of data stored. The idea looks nice on paper but then so does communism.
I use Lightroom 5-10 times a year and there was no chance I would have found this option. Feels incredibly invasive to use my work without consent.
This has me seriously concerning for not only the future of art but all created work and who actually has the rights to that depending on what you use to make it.
What particularly bothers me is how quickly this was just accepted by society. I saw so many people defending it as "fun" because they just don't understand how it actually works.
I was really hoping that society would push back against AI generated things... that was proven wrong very very quickly.
I am sending this to all of my artist friends.
> Adobe may analyze your Creative Cloud or Document Cloud content to provide product features and improve and develop our products and services.
Nothing in that document seems to indicate this is opt-in.
> Let's say that you access Creative Cloud or Document Cloud via a personal account and prefer that Adobe doesn't analyze your content to develop and improve our products and services. In that case, you may turn off content analysis at any time from your Adobe account.
https://helpx.adobe.com/manage-account/using/machine-learnin...
>Prompt: Give me an Accessible Design System with all available user stories and tokenize it fully.
Let's go, Adobe. The future is now. I will grow my own food and f*ck around in the woods.
I will own nothing and I will be happy. I promise.
And Krita and Photopea has replaced my need for Photoshop after I dumped Adobe several years ago. And then there's mobile apps like Procreate and Infinite Painter. I also own the Affinity products which are quite nice. But I admittedly don't use them much.
I lost trust in Adobe years ago, especially when every new release for the yearly Adobe Max was full of new bugs. Seeing news like this reminds me to never go back.
I really miss the days of locally installed OS's, local software suites, when you did not need online accounts and cloud computing for the most mundane tasks. And I really hope those days will come back, or at the very least things like Ubuntu, LibreOffice and Darktable will stick around for quite a while.
Funny thing so, the old versions of lightroom and photoshop, the offline ones, still work perfectly fine under Win 10. So if you have a license key I don't see how Adobe could kill those.
Or piracy could be cheaper answer.
Selling privacy for money is legal, that’s what every store membership card where you get a member rebate does (in which case they of course associate all your purchases with the account).
This is one of many reason why piracy is trend again. You have no option if you want use Adobe SW that you pay for, to use offline.
Doesn't sound like it.
IMO the best alternative for Lightroom is Capture One.
It is really good so, that there are alternatives to Adobe out there.
I guess soon it'll be either a subscription or barely-usable open source like darktable, which is a shame for hobbyists. I'd love to use open source, but darktable just isn't there, by a long shot. It's godawfully slow with 26MP images on a brand-new M2 Macbook (C1 is blazingly fast in comparison), the UI is unstructured and very spartan, lots of UI flicker and glitches that become super annoying after a while, no dehaze feature, shadow detail suffers in comparison to what C1 does there, etc. I bet a well-executed LR Classic/C1 competitor from Affinity would be a tremendous success.
https://helpx.adobe.com/lightroom-classic/how-to/sync-photos...
Is it that this is an opt-out not an opt-in, or is that it's even an option to begin with?
If we as consumers want companies like Adobe to provide us with cool AI tools then it seems this is unfortunately just what's required. And if you don't like it, you can opt-out. So I'm guessing the issue is that it's an opt-out not an opt-in? Which seems kinda minor and would perhaps violate GDPR in the EU.
That this has become a standard that doesn't shock you should register as an issue itself.
I agree it should be opt-out by default (and believe this is a violation of GDPR if it applies in the EU), but they are allowing you to opt-out and they are explaining how they'll use the data so this seems like a relatively minor issue to me honestly. Because yes, unless you're extremely naive your assumption should always be that every time your data is sent to a server or put on some cloud that it will be used in ways that you didn't consent to and potentially even disapprove of. Obviously I don't agree with that, but I'm sure there are companies doing exactly this without giving you an opt-out and without even telling you they're doing it.