Tail end of the article:
>However, the judge allowed Andersen’s complaint that her 16 copyrighted works were used without her authorization to move forward.
I'm not loving this headline.
(edit: stamped comment w/ the current headline to be safe)
Again, I don't remember what the exact description was, but I remember it jumping out as obviously wrong (a layman's interpretation of a neural network). Feel free to go over that and it should be pretty obvious how the claims could be amended. Barring that, just wait for the filing because I'm sure the plaintiff lawyers will be jumping all over this.
I get the emotional appeal to companies are using my stuff without paying me or even crediting me. But, as I understand it, works are normally considered derivative of specific works—not some large corpus.
The argument as it went went like this. Is the theory that no infringement has occurred believable, or can it be said as a forgone conclusion that over the course of the operation that some specific copyrighted work has been infringed on at some point in time and that the operator knowingly were aware that such cases was likely to have happened.
It is true that many lawyers and legal experts thought that the pirate founders were immune to such claims since usually one need to produce specific cases of specific copyrighted works in order to find someone guilty of assisting. The case however illustrated that such requirements are not always needed, and the Swedish supreme court did not feel it necessary to analyze it further.
Though in this case, I assume that a great many lawyers would argue that it's hardly a foregone conclusion in this case.
AI developers has also started to add filters and other techniques to remove outputs that are too similar to existing works, which is both a good thing and a bad thing. It shows that the tools do output such works (as otherwise they wouldn't need to filter it out), but also show that they are working to minimize it. Courts would have to look at it and decide if such efforts are an admittance of the issue or if the mitigations are enough.
In this specific case, I doubt such discussion will occur at this point since the main point that the judge brought up is that the copyrighted works need to be registered first at the copyright office before it can go any further (except for 12 works which already are registered).