It’s also odd to some lawyers that generative AI firms are being sued and not those that compiled the dataset. In the case of Midjourney, that would be the large-scale Artificial Intelligence Open Network (LAION), based in Germany. "If LAION created the dataset, then the alleged infringement occurred at that point, not once the dataset was used to train the models," Eliana Torres, an intellectual property lawyer with the law firm Nixon Peabody, told Tech Crunch last month. It’s also important to note, says Dr Andres Guadamuz, a reader in intellectual property law at the University of Sussex, that LAION doesn’t actually keep copyrighted images on file but only links to their original locations on the internet—which, he adds, is perfectly acceptable to mine under European and German law.
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