Disney sues AI image generator Midjourney

Some of the comments on this topic remind me a bit of the days when people insisted that Google could only ever be the “good guy” because Google had been sued by big publishing companies in the past (and the big publishers didn't look particularly good in some of these cases). So now, conversely, some people seem to assume that Disney must always be the only “bad guy” no matter what the other side does (and who else the other side had harmed besides Disney).

This inspires the feeling of hating both sides of a fight and hoping that they do as much damage to each other as possible before it ends.

Not sure how I feel here. I hate overzealous legal departments and AI services, although admittedly Midjourney seems less scummy than some alternatives (like open AI). At least they're not attacking someone who pirated Frozen 2 or made a fan game or something, like certain legal departments would.

I guess the main question here is: Would their business model remain profitable even after licensing fees to Disney and possibly a lot of other copyright holders?

What a deeply dishonorable lawsuit. The complaint is essentially that Disney and Universal deserve to be big powerful movie studios that employ and systematically disenfranchise "millions of" artists (p8).

Disney claims authorship over Darth Vader (Lucas) and Yoda (Oz), Elsa and Ariel (Andersen), folk characters Aladdin, Mulan, and Snow White; Lightning McQueen & Buzz Lightyear (Lasseter et al), Sully (Gerson & Stanton), Iron Man (Lee, Kirby, et al), and Homer Simpson (Groening). Disney not only did not design or produce any of these characters, but Disney purchased those rights. I will give Universal partial credit for not claiming to invent any of their infamous movie monsters, but they do claim to have created Shrek (Stieg). Still, this is some original-character-do-not-steal snottiness; these avaricious executives and attorneys appropriated art from artists and are claiming it as their own so that they can sue another appropriator.

Here is a sample of their attitude, p16 of the original complaint:

Disney's copyright registrations for the entertainment properties in The Simpsons franchise encompass the central characters within.

See, they're the original creator and designated benefactor, because they have Piece of Paper, signed by Government Authority, and therefore they are Owner. Who the fuck are Matt Groening or Tracey Ullman?

I will not contest Universal's claim to Minions.

One weakness of the claim is that it's not clear whether Midjourney infringes, Midjourney's subscribers infringe, or Midjourney infringes when collaborating with its subscribers. It seems like they're going to argue that Midjourney commits the infringing act, although p104 contains hedges that will allow Disney to argue either way. Another weakness is the insistence that Midjourney could filter infringing queries, but chooses not to; this is a standard part of amplifying damages in copyright claims but might not stand up under scrutiny since Midjourney can argue that it's hard to e.g. tell the difference between infringing queries and parodic or satirical queries which infringe but are permitted by fair use. On the other hand, this lawsuit could be an attempt to open a new front in Disney's long-standing attempt to eradicate fair use.

As usual, I'm not defending Midjourney, who I think stand on their own demerits. But I'm not ever going to suck Disney dick given what they've done to the animation community. I wish y'all would realize the folly of copyright already.

I expect they think they can get a precedent here.

That's true - the case is pretty clear-cut thanks to how much damning evidence they've managed to pull out. The old trend of using AI to make offensive shit in the Pixar style likely helped as well, but that's speculation on my end.

Midjourney is also odd in that it didn’t take money from outside investors and it’s actually profitable selling monthly subscriptions. This is an AI company that is not a venture capital money bonfire, it’s an actual business.

I suspect Disney isn’t out to just shut Midjourney down. Disney’s goal is to gouge Midjourney for a settlement and a license.

In practice, I doubt Disney's gonna get to shake much out of Midjourney before they end up going under - given that gen-AI is built to facilitate plagiarism and copyright infringement, a win for Disney here would lead to a de facto ban on generative AI.