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High Court rules that Getty v Stability AI case can proceed

Dec 09, 2023 - news.bensbites.co
The article discusses a copyright infringement case between Getty Images and Stability AI, a UK-based generative AI startup. Getty Images alleges that Stability AI scraped millions of images from its website without consent and used them to train and develop its AI, Stable Diffusion. The synthetic images generated by Stable Diffusion allegedly infringe upon Getty Images' copyrighted works and bear their trademarks. The case is currently in the preliminary stages, with the court deciding whether the training and development of Stable Diffusion occurred within the UK, which is critical for jurisdiction purposes.

The defendant, Stability AI, presented evidence suggesting that all training and development occurred outside the UK, primarily in the US. However, Justice Smith was not entirely convinced by this evidence and stated that further investigation could reveal more pertinent facts. The judge concluded that there is a real prospect of success for the Training and Development Claim, indicating that it should proceed to trial. The case is still in its early stages, and the defendant has yet to issue their full defense.

Key takeaways:

  • The case of Getty Images v Stability AI is being litigated in the courts of England and Wales. Getty Images alleges that Stability AI scraped millions of images from their website without consent and used these images to train and develop Stable Diffusion, infringing upon Getty Images’ copyrighted works and trade marks.
  • The most critical point of the hearing was whether the training and development of Stable Diffusion occurred within the United Kingdom. If all of the training took place outside of the UK, the English court could rule that it has no jurisdiction over the matter.
  • The Defendant presented evidence suggesting that all training and development occurred outside the UK, primarily in the United States. However, Justice Smith was not entirely convinced by this evidence, pointing out that further investigation could reveal more pertinent facts.
  • The case is still in its early stages, and the judge has decided to proceed to trial due to unanswered questions and inconsistencies in the evidence presented by the Defendant. The Defendant has not yet issued their full defence.
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