this post was submitted on 26 Jan 2024
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Humans can get pretty close to perfect recall with enough practice - show a human that exact joker image hundreds of thousands of times, they're going to be able to remember every detail.
That's what happened here - the example images weren't just in the training set once, they are in the training set over and over and over again across hundreds of thousands of websites.
If someone wants these images nobody is going to use AI to access it - they'll just do a google image search. There is no way Warner Brothers is harmed in any way by this, which is a strong fair use defence.