This is stupid and I hope he gets his butt handed to him, but:
A federal judge agreed with the Office and contrasted AI images to photography, which also uses a processor to capture images, but it is the human that decides on the elements of the picture, unlike AI imagery where the computer decides on the picture elements.
Journey outside the world of API models (like Midjourney) and you can use imagegen tools where " the human that decides on the elements of the picture"
It can be anything from area prompting (kinda drawing bounding boxes where you want things to go) to controlnet/ipadapter models using some other image as reference, to the “creator” making a sketch and the AI “coloring it in” or fleshing it out, to an artist making a worthy standalone painting and letting the AI “touch it up” or change the style (for instance, to turn a digital painting or a pencil sketch to something resembling a physical painting, watercolor, whatever).
The later is already done in photoshop (just not as well) and is generally not placed into the AI bin.
In other words, this argument isn’t going to hold up, as the line is very blurry. Legislators and courts are going to have to come up with something more solid.
Good.
All this bill would have done is given OpenAI/Anthropic and such an effective monopoly (and probably destroy the planet with their insane scaling schemes) by destroying the open model ecosystem. I think fediverse vs. corporate social media is a good analogy, and this is kinda like sniping the Fediverse because it’s “too dangerous” if it gets too big, without actually being specific on how to deal with that, but actually sniping it because its a competitive threat.
And yes, OpenAI opposed this, but that was lip service. Don’t believe a word that comes out of Altman’s mouth.