Simon Willison’s Weblog

Beyond these specific legal arguments, Stability AI may find it has a “vibes” problem. The legal criteria for fair use are subjective and give judges some latitude in how to interpret them. And one factor that likely influences the thinking of judges is whether a defendant seems like a “good actor.” Google is a widely respected technology company that tends to win its copyright lawsuits. Edgier companies like Napster tend not to.

— Timothy B. Lee