Judge dismisses most of artists’ AI copyright lawsuits against Midjourney, Stability AI

judge in California federal court on Monday trimmed a lawsuit by visual artists who accuse Stability AI, Midjourney and DeviantArt of misusing their copyrighted work in connection with the companies’ generative artificial intelligence systems.

U.S. District Judge William Orrick dismissed some claims from the proposed class action brought by Sarah Andersen, Kelly McKernan and Karla Ortiz, including all of the allegations against Midjourney and DeviantArt. The judge said the artists could file an amended complaint against the two companies, whose systems utilize Stability’s Stable Diffusion text-to-image technology.

Orrick also dismissed McKernan and Ortiz’s copyright infringement claims entirely. The judge allowed Andersen to continue pursuing her key claim that Stability’s alleged use of her work to train Stable Diffusion infringed her copyrights.

The same allegation is at the heart of other lawsuits brought by artists, authors and other copyright owners against generative AI companies.

“Even Stability recognizes that determination of the truth of these allegations – whether copying in violation of the Copyright Act occurred in the context of training Stable Diffusion or occurs when Stable Diffusion is run – cannot be resolved at this juncture,” Orrick said.

The artists’ attorneys Joseph Saveri and Matthew Butterick said in a statement that their “core claim” survived, and that they were confident that they could address the court’s concerns about their other claims in an amended complaint to be filed next month.

A spokesperson for Stability declined to comment on the decision. Representatives for Midjourney and DeviantArt did not immediately respond to requests for comment.

The artists said in their January complaint that Stability used billions of images “scraped” from the internet, including theirs, without permission to teach Stable Diffusion to create its own images.

Orrick agreed with all three companies that the images the systems actually created likely did not infringe the artists’ copyrights. He allowed the claims to be amended but said he was “not convinced” that allegations based on the systems’ output could survive without showing that the images were substantially similar to the artists’ work.

The judge also dismissed other claims from the artists, including that the companies violated their publicity rights and competed with them unfairly, with permission to refile.

Orrick dismissed McKernan and Ortiz’s copyright claims because they had not registered their images with the U.S. Copyright Office, a requirement for bringing a copyright lawsuit.

The case is Andersen v. Stability AI Ltd, U.S. District Court for the Northern District of California, No. 3:23-cv-00201.

For the artists: Joseph Saveri of Joseph Saveri Law Firm; and Matthew Butterick

For Stability: Paul Schoenhard of Fried Frank Harris Shriver & Jacobson

For Midjourney: Angela Dunning of Cleary Gottlieb Steen & Hamilton

For DeviantArt: Andy Gass of Latham & Watkins

Read more:

Lawsuits accuse AI content creators of misusing copyrighted work

AI companies ask U.S. court to dismiss artists’ copyright lawsuit

US judge finds flaws in artists’ lawsuit against AI companies

Source: Judge pares down artists’ AI copyright lawsuit against Midjourney, Stability AI | Reuters

These suits are absolute nonsense. It’s like suing a person for having seen some art and made something a bit like it. It’s not very surprising that this has been wiped off the table.

Drugmakers Are Set To Pay 23andMe Millions To Access Your DNA – which is also your families DNA

GSK will pay 23andMe $20 million for access to the genetic-testing company’s vast trove of consumer DNA data, extending a five-year collaboration that’s allowed the drugmaker to mine genetic data as it researches new medications.

Under the new agreement, 23andMe will provide GSK with one year of access to anonymized DNA data from the approximately 80% of gene-testing customers who have agreed to share their information for research, 23andMe said in a statement Monday. The genetic-testing company will also provide data-analysis services to GSK.

23andMe is best known for its DNA-testing kits that give customers ancestry and health information. But the DNA it collects is also valuable, including for scientific research. With information from more than 14 million customers, the only data sets that rival the size of the 23andMe library belong to Ancestry.com and the Chinese government. The idea for drugmakers is to comb the data for hints about genetic pathways that might be at the root of disease, which could significantly speed up the long, slow process of drug development. GSK and 23andMe have already taken one potential medication to clinical trials: a cancer drug that works to block CD96, a protein that helps modulate the body’s immune responses. It entered that testing phase in four years, compared to an industry average of about seven years. Overall, the partnership between GSK and 23andMe has produced more than 50 new drug targets, according to the statement.

The new agreement changes some components of the collaboration. Any discoveries GSK makes with the 23andMe data will now be solely owned by the British pharmaceutical giant, while the genetic-testing company will be eligible for royalties on some projects. In the past, the two companies pursued new drug targets jointly. GSK’s new deal with 23andMe is also non-exclusive, leaving the genetic-testing company free to license its database to other drugmakers.

Source: Drugmakers Are Set To Pay 23andMe Millions To Access Consumer DNA – Slashdot

So – you paid for a DNA test and it turns out you didn’t think of the privacy aspect at all. Neither did you think up that you gave up your families DNA. Or that you can’t actually change your DNA either. Well done. It’s being spread all over the place. And no, the data is not anonymous – DNA is the most personal information you can give up ever.

Particle Accelerator can now be built on a Chip

Particle accelerators range in size from a room to a city. However, now scientists are looking closer at chip-sized electron accelerators, a new study finds. Potential near-term applications for the technology include radiation therapy for zapping skin cancer and, longer-term, new kinds of laser and light sources.

Particle accelerators generally propel particles within metal tubes or rings. The rate at which they can accelerate particles is limited by the peak fields the metallic surfaces can withstand. Conventional accelerators range in size from a few meters for medical applications to kilometers for fundamental research. The fields they use are often on the scale of millions of volts per meter.

In contrast, electrically insulating dielectric materials (stuff that doesn’t conduct electricity well but does support electrostatic fields well) can withstand light fields thousands of times stronger. This has led scientists to investigate creating dielectric accelerators that rely on lasers to hurl particles.

[…]

physicists fabricated a tiny channel 225 nanometers wide and up to 0.5 millimeters long. An electron beam entered one end of the channel and exited the other end.

The researchers shone infrared laser pulses 250 femtoseconds long on top of the channel to help accelerate electrons down it. Inside the channel, two rows of up to 733 silicon pillars, each 2 micrometers high, interacted with these laser pulses to generate accelerating forces.

The electrons entered the accelerators with an energy of 28,400 electron-volts, traveling at roughly one-third the speed of light. They exited it with an energy of 40,700 electron-volts, a 43 percent boost in energy.

This new type of particle accelerator can be built using standard cleanroom techniques, such as electron beam lithography. “This is why we think that our results represent a big step forward,” Hommelhoff says. “Everyone can go ahead and start engineering useful machines from this.”

[…]

Applications for these nanophotonic electron accelerators depend on the energies they can reach. Electrons of up to about 300,000 electron-volts are typical for electron microscopy, Hommelhoff says. For treatment of skin cancer, 10 million electron-volt electrons are needed. Whereas such medical applications currently require an accelerator 1 meter wide, as well as additional large, heavy and expensive parts to help drive the accelerator, “we could in principle get rid of both and have just a roughly 1-centimeter chip with a few extra centimeters for the electron source,” adds study lead author Tomáš Chlouba, a physicist at the University of Erlangen-Nuremberg in Germany.

Applications such as synchrotron light sources, free electron lasers, and searches for lightweight dark matter appear with billion electron-volt electrons. With trillion electron-volt electrons, high-energy colliders become possible, Hommelhoff says.

The scientists note there are many ways to improve their device beyond their initial proof-of-concept structures. They now aim to experiment with greater acceleration and higher electron currents to help enable applications, as well as boosting output by fabricating many accelerator channels next to each other that can all be driven by the same laser pulses.

In addition, although the new study experimented with structures made from silicon due to the relative ease of working with it, “silicon is not really a high-damage threshold material,” Hommelhoff says. Structures made of glass or other materials may allow much stronger laser pulses and thus more powerful acceleration, he says.

The researchers are interested in building a small-scale accelerator, “maybe with skin cancer treatment applications in mind first,” Hommelhoff says. “This is certainly something that we should soon transfer to a startup company.”

The scientists detailed their findings in the 19 October issue of the journal Nature.

Source: Particle Accelerator on a Chip Hits Penny-Size – IEEE Spectrum

Google CEO Defends Paying $26b in 2021 to Remain Top Search Engine

Google CEO Sundar Pichai upheld the company’s decision to pay out billions of dollars to remain the top global search engine at the U.S. anti-trust trial on Monday, according to a report from The Wall Street Journal. Pichai claimed he tried to give users a “seamless and easy” experience, even if it meant paying Apple and other tech companies an exorbitant fee.

The U.S. Department of Justice is arguing that Google created the building blocks to hold a monopoly over the market, but Pichai disagrees, saying the company is the dominant search engine because it is better than its competitors.

“We realized early on that browsers are critical to how people are able to navigate and use the web,” Pichai said during questioning, as reported by The Journal. “It became very clear early on that if you make the user’s experience better, they would use the web more, they would enjoy using the web more, and they would search more in Google as well.”

Pichai testified that Google’s payments to phone companies and manufacturers were meant to push them toward more security upgrades and not just enabling Google to be the primary search engine.

Internal emails between Pichai and his colleagues in 2007 were shared during the cross-examination revealing Google’s insistence to be Apple’s default search engine. Pichai says he was worried about being the only search engine and requested a Yahoo backup version.

Google paid Apple a reported $18 billion to remain the default search engine on its Macs, iPhones, and iPads in 2021, and paid tech companies a grand total of $26 billion in 2021 alone, according to court documents.

[…]

Source: Google CEO Defends Paying Billions to Remain Top Search Engine

Apple says BMW wireless chargers really are messing with iPhone 15s

Users have been reporting that their iPhone 15’s NFC chips were failing after using BMW’s in-car wireless charging, but until now, Apple hasn’t addressed the complaints. That seems to have changed as MacRumors reported this week that an Apple internal memo to third-party repair providers says a software update later this year should prevent a “small number” of in-car wireless chargers from “temporarily” disabling iPhone 15 NFC chips.

Apple reportedly says that until the fix comes out, anyone who experiences this should not use the wireless charger in their car. Users have been complaining about BMW wireless chargers breaking Apple Pay and the BMW digital key feature in posts on Reddit, Apple’s Support community, and MacRumors’ own forums.

BMW seemed to acknowledge the issue early this month when the BMW UK X account replied to a complaint earlier this month saying the company is working with Apple to investigate the issue. There’s no easy way to know which models are affected, so for now, if you have a BMW or a Toyota Supra with a wireless charger, it’s probably best to just avoid using it until the problem is fixed.

Source: Apple says BMW wireless chargers really are messing with iPhone 15s – The Verge