There are some jaw-dropping infringements here, including an image where DALL-E apparently copies the entire Pixar universe from the single two-word prompt, "animated toys".

It's impossible to hand-wave this away. Even if you don't think the New York Times case has merit, it's pretty obvious that generative AI can infringe copyright even when you don't ask it to, and without notifying the user. As noted in the references, it's a big ask to then push liability for infringement to the user. It's inherent to the engines.

As the author notes: "My guess is that none of this can easily be fixed." Indeed. #AI

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