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Rev

But there is a hole in the TOS a mile wide if AI images aren't copyrightable. If Ann uses MJ to generate a picture and shares it publicly on her (non-commercial) blog, Bob can come along and take the picture from Ann's blog. Since there's no contract between Ann and Bob, Ann can't impose contractual limits on Bob's use of the image; since Bob does not use Midjourney, they can't impose contractual limits on his use of the image; and copyright doesn't apply so there can't be licensing limits on his use of the image either, so while Ann can't use the image commercially, Bob can.
– OpenAI was the last straw
Commented May 8 at 14:55
@OpenAIwasthelaststraw It would still be a breach of contract by Ann, and if Bob knew about the contract, it would probably be a tortious interference with contract by Bob, both of which are actionable.
– ohwilleke
Commented May 8 at 18:11

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