In the ongoing copyright litigation between Getty Images and Stability AI, the court has issued its first order. Getty Images, a provider of stock photographs, has sued Stability AI for copyright infringement, database right infringement, trade mark infringement, and passing off. Getty alleges that Stability AI scraped images from their website without permission and used them to train Stable Diffusion, its generative AI technology. The court is now considering whether the training and development of Stable Diffusion occurred within the UK. If not, the case may be dismissed in the UK and continue in the US. The court found evidence presented by Stability AI regarding the location of training to be inconclusive, so the case will proceed to trial. The judgment highlights the importance of jurisdiction in AI copyright cases and raises the question of whether the generated outputs infringe copyright. The defendant has not yet filed their full defense. Overall, the case is still in its early stages and further evidence and arguments will unfold during trial.
https://www.technollama.co.uk/high-court-rules-that-getty-v-stability-ai-case-can-proceed