Judge William H. Orrick, from the Superior Court, dismissed the group lawsuit filed by artists Sarah Anderson, Kelly McKernan, and Karla Ortiz against Stability AI, Midjourney, and DeviantArt for their creation of AI-generated images.
Orrick stated that the lawsuit had an issue, as the images used for training the AI were not all copyright-free. Whether the resulting images can be considered substantial similarity to the original ones will have to be determined.
The judge also left an opening for the plaintiffs to refile their lawsuit, but emphasized that they would need to narrow down their claims to only include copyrighted images. Additionally, the lawsuit mentioned that Stability AI used the images without permission, which could still proceed.
TLDR: Judge Orrick dismissed the group lawsuit against Stability AI, Midjourney, and DeviantArt for their AI-generated images, citing issues with copyright and substantial similarity. The plaintiffs have the option to refile the lawsuit, focusing on copyrighted images, and a claim against Stability AI’s unauthorized usage may still proceed.