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The companies asked a San Francisco federal court to dismiss the
artists' proposed class action lawsuit, arguing that the
AI-created images are not similar to the artists' work and that
the lawsuit did not note specific images that were allegedly
misused.
An attorney for Midjourney declined to comment. Representatives
for Stability, DeviantArt and the artists did not immediately
respond to requests for comment Wednesday.
Sarah Andersen, Kelly McKernan and Karla Ortiz sued the
companies in January. The artists alleged that the unauthorized
copying of their works to train the systems and the creation of
AI-generated images in their styles violated their rights.
Stability's Tuesday filing said the artists "fail to identify a
single allegedly infringing output image, let alone one that is
substantially similar to any of their copyrighted works."
Midjourney's motion said that the lawsuit also does not
"identify a single work by any plaintiff" that it "supposedly
used as training data."
DeviantArt, an online artist community with a service that
allows users to create images through Stability's Stable
Diffusion system, echoed those arguments and also said it was
not liable for the AI companies' alleged misconduct.
"Even taking Plaintiffs' claims at face value, DeviantArt did
none of the things that supposedly give rise to the liability
asserted," it said.
The case is Andersen v. Stability AI Ltd, U.S. District Court
for the Northern District of California, No. 3:23-cv-00201.
(Reporting by Blake Brittain in Washington)
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