Artificial Intelligence in Art is Here to Stay.  What Do We Do Next?

Artificial Intelligence in Art is Here to Stay. What Do We Do Next?

Time after time, new innovations do not wait for human society to figure out how we’re going to integrate it. There’s a reason these things are called “disruptive” in business jargon. They shake the box.

For example, Photoshop has had AI powered tools in it for almost a decade now, and nobody’s making that a front-and-center issue. Grammerly has been around for a long time too, and nobody’s pointing at that in panic either.

But AI that can believably regenerate somebody’s voice, or study a few thousand images and make a new image that resembles them in style, and suddenly it’s important.

It’s not that the tools can do it. It’s a matter of degree. This shows us that the problem isn’t that the AI can do it – it’s that the sudden advances have taken us by surprise, and we realize that as a society we have been so busy trying to figure out how we CAN do it, that we haven’t stopped to think about whether we SHOULD.

Getty Sues Everybody

The lawsuit by Getty Images against the creators of Midjourney and Stable Diffusion claim that these tools store images and paste together parts to make new images like an electronic collage.

This is not even remotely how they work. Instead, a special kind of deep learning neural net is trained on the images, producing what is essentially a complex formula with hundreds of mllions of parameters that the AI generation tools use to create new images.

In my opinion these lawsuits will fail immediately on expert testimony because of this gross basic misunderstanding of the technology. Images are not being copied, are not being stored in the database. If they were, you would need thousands of terrabytes to store the data. As it is, Stable Diffusion can generate images on a dataset as small as 2.7 Gb. They don’t even make SD cards or flash drives that small anymore.

A further complication is that in Europe, as in the United States, datamining is legal, so after the question of copying is set aside (to reiterate, it’s not copying, it’s using the images to train a neural network), then it there’s a very good chance that the law suits will fail on the scanning without permission issue as well, because protecting from analysis is not a legal right any copyright holder anywhere in the world enjoys. If it were, simply observing an image displayed on the internet and having any kind of opinion about it would be a crime.

The images are being reduced to parameters in a very complex equation with hundreds of millions of parameters. Datamining isn’t illegal. Training neural networks on material you don’t own isn’t illegal either. Copyrights aren’t being directly violated, because you couldn’t bring up an exact copy of anything the neural nets are trained on if you tried (though you can get close). And, you can’t copyright a style, or a composition, or a color scheme. All that’s left is Right to Publicity, and the responsibility for that falls on the users of the tools, not the tools’ makers.

That doesn’t leave much meat left on the bone.

It’s Just Going Sideways

And sure enough, this is exactly how the law suits are shaking out. Sarah Silverman et al. tried to sue OpenAI for  reading their stuff and incorporating that knowledge into their ChaptGPT model.  The only problem was that they couldn’t make ChatGPT spit out exact copies of their manuscripts.  The New York Times tried the same thing, and had the same problem . Why does this matter?  Because in order for the courts to offer anything to the plaintiffs, first there must be a viable record of wrongdoing.  It’s impossible for the courts to proceed on the basis of being butt-hurt alone. There have to be provable damages.   The court runs on two things above all else:  monetary damages, and proof of injury.  The New York Times — and Sarah Silverman, and the handful of artists trying to sue Midjourney — haven’t established either one. Even to argue undue restraint of trade, the “right to publicity” argument, they have to show exactly how they’ve been hurt by the AI’s, and none of them can demonstrate this.  These cases have been largely thrown out because of these lacks, and all that’s left is the damages from restraint of trade, which none of them can clearly demonstrate.

In my opionion, the writers and artists suing are the victims of class action ambulence chaser lawyers. If they win, mostly the lawyers get the money.  And companies like Getty Images are only suing because they want to make their own generative AI service based on Getty Images licensed images and sell that as a service.  When you can download Stable Diffusion and SDXL for free, why would anybody care?

The Right to Publicity

What remains appears to be Right to Publicity violations – the recognizability of artist styles, or celebrity faces, which have traditionally been treated by the courts as the responsibility of the individuals using the tools, and not the makers of the tools themselves. As a user, it is my responsibility not to try to sell AI generated images that simulate the style of Salvadore Dali, Chris Claremont or Michael Whelan and sell them with the claim that they are by the original artist.

Finally, if I happen to produce output that resembles one of those artists, how much can the original artist claim they have been damaged by such a production when human artists imitate the style of other artists all the time? Cases where one artist considers themselves damaged by someone else emulating their style are virtually nonexistent, and I could find no examples.  Certainly apart from being grumpy about it, few can say their business is actually being negatively affected by it, if any.  Greg Rutowski comes to mind, and even he is circumspect about it.  He’s concerned, but he’s not losing his shit over it.

Sue the Tool User, Not the Tool Maker

Think about it for a moment: if they can stop Stable Diffusion and Midjourney for being able to replicate the style of other artists, then they should be able to stop all word processors for being able to output written pieces that emulate the style of other writers. Oops, I accidentally wrote a story in the style of Roger Zelazny, they’ll be coming for my copy of Windows Notepad now… Saxaphones should be outlawed because it is possible for another player to use one to replicate the style of Kenny G … Do you see the fallacy here? It’s not clear cut at all, and is in fact a matter of degree, which makes it a purely subjective call. In point of fact, those bringing these amorphous law suits not based on any established rule of law fail to inform the court as to why the existing protections against copyright infringement are insufficient and why the makers of tools are suddenly liable when they never were before now.

In any case, it’s too late to stuff the genie back in the bottle.  AI powered art tools are here. It’s what we do next, to find ways to understand and integrate the new tools, that will define the new landscape.

It Feels Wrong, But Why?

And yet, one way or the other,  we still have the same situation.  Stable Diffusion, underlying technology for all the successful AI image generation tools, is open source.  That makes it very hard to unmake, and even harder to undistribute. Additionally,  while it’s obvious that disruptive technology is generally created for the primary purpose of eventually making money,  it’s doing so here without breaking the law in any obvious way.

And THAT’S where the problem lies. The ability to replicate somebody’s artistic style to produce specific results is the part that’s disruptive. It makes it harder (and I know I’m preaching to the choir here) for artists to get paid for their work and to have the value of their work respected. Artists instinctively know this, but they don’t have much of defense for what’s happening to them, and this makes them feel like victims, and in a real way, they are.

Artists gotta eat. And pay rent. And visit the doctor. And initially, tools that do work they can do are going to break things.

But as with the invention of the camera, and the music synthesizer, artists will adapt their workflows to include the new tools, and those that do will have an incredible competitve edge.

And those that don’t — or can’t — will suffer for it, and as with any new technology, there isn’t a lot we can do to change that, except maybe help them avoid having their stuff analyzed for neural networks, or helping them learn how to use the new tools. The legal questions won’t be resolved soon enough to matter.

Nobody likes to be hit in the face with some new career-threatening problem that they didn’t see coming, and it’s hard to say that three years ago anybody saw this as an impending storm on the horizon. That’s why it feels wrong. It’s doing something with people’s artwork and photographs that nobody saw coming and for which the standard rules for intellectual property offer no protection whatever Whatever is going to happen as a result of this new technology is just going to happen, long before we figure out something practical to do about it, if we figure out anything at all..

Can Anything Be Done?

I can’t imagine how one would unexplode the hand grenade this represents, given that it takes ten to fifteen years to resolve landmark cases in court. By that time, the technology will have evolved well beyond its current state and likely built into practically everything.

The Getty lawsuit against Midjourney, Stable Diffusion et al. will likely fail on the merits because they don’t fully understand what they’re suing over, and they appear to be trying to claim rights they don’t actually have, but it’ll take years to even get that far. They can start their lawsuits over again  and file new cases, but that starts the clock over from scratch.

Nor can they simply use the DMCA and have the source libraries removed from the web (I can’t imagine on what grounds they would do this, because the DMCA only applies to finished works, not tools for making them). Using DMCA’s on this stuff is like a perpetual unwinnable game of whack-a-mole even if somehow you could make it work.

So, I’m going to estimate ten to fifteen years to see anything on this, assuming there isn’t some sort of settlement. Considering Getty is looking for a couple of trillion dollars in damages, and they know they’ll never get that, it seems to me that they’re trying to just scare the ever-loving crap out of the defendants in court, going after settlement money so as to look good to their shareholders. They don’t give a crap about setting a legal precedent. There will be nothing upon which to base new case law, no judgment to cite, and the end result will be money changes hands (if it even gets that far).  Once the lawsuits are over, the tools will just chug along as always, completely undeterred.

And the Getty lawsuits are the best shot at this there is.

We Need a Better Plan Than This.

I’m sorry if this is disappointing, but if it’s going to be stopped by the global community, there must be a plan put into motion that works. Intellectual property rights laws and right to access as they stand now simply don’t cover it. The next step is a concensus on what to do, but good luck reaching one. Humans have always acted as individuals. Given a population of a sufficient size, and a given stimulus, they will not choose to do a certain specific thing in response to that stimulus. They will do all the things.

That, to me, is what makes the arguments against generative AI art so frustrating.  If AI art can’t be copyrighted, as many claim, then what rights are being taken from actual artists? There’s nothing to recover, because by that definition AI art has no intrinsic value. It’s all doublethink gobbledegook.

Anything that a human can imagine will eventually be made or built or invented, and sometimes by multiple people at the same time. I believe that AI art tools on this scale were inevitable. It’s how we use them and what we do next that matter.

These images, by the way, were all generated, by me, using a Stable Diffusion. I used Google to do image searches for each of them and I can confirm that they are not other people’s images. They’re unique as far as I can tell.  If you find any of these images and it’s older than the copy posted here, let me know and I’ll take down my copy and reexamine my life.

They’re meant as computer wallpaper. If you see one you like, click on the image to zoom in, then right-click and “Save As.”

 

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Migrating WordPress Content from One URL to Another

Migrating WordPress Content from One URL to Another

I have been searching for a reliable way to do this for literally years.  I have, surprisingly frequently, found myself needing to move the contents of one WordPress site to another server, under a different URL. There have been lots of solutions for this over the years, most of them demanding not inconsiderable amounts of money, usually on the order of $45 dollars a year for an annual license, or more.

But I am a tightwad when it comes to things like this.  I like to consider myself generous in other ways (helping friends with cosplay props, giving people needful things to make their lives better, et cetera) but I cannot abide being made to pay for something that just puts a few pushbuttons on something I know how to do myself.

Migrating a WordPress site, though, is a different animal. Smaller sites you can migrate yourself with the built-in import-export tools.  Bigger ones kind of break that, and you have to have a plugin, or use a service, and that’s usually where you part with a couple of Benjamins.

Except that now there’s this plugin for Wordpres called WPVivid Backup, which just handles everything. You install a copy on both source and destination Wordpres sites, get a key from the destination site, paste it into the source site’s interface, and hit the button. It couldn’t be simpler.

Or cheaper, There is a premium version that adds some bells and whistles that I assume would be very useful for somebody who maintains dozens of WordPress sites for a living, but none of them are required for the basic essential function of porting a WordPress site from one domain to another, and WPVivid Backup is a free download, with no surprise “to finish this transfer process, pay the license fee that we hadn’t bothered to tell you about before you started monkeying with this” message in the middle. (Yes, one of the plugins I tried actually did this.  Holding my data for ransom?  Shame on you.)

In particular, it makes a web site designer’s job a lot easier because you can move a testbench site into its production URL WordPress setup without having to manually monkey with SQL dumps, shell access or any of that.  It just freaking works.

If you want to do things like not migrate the entire site at once, you’ll have to pay for that.  That’s fair and reasonable, and I may pay for that in the future if my back is ever up against the wall and I need it.  For now, though, WPVivid Backup saved my ass.

And did I mention free?  As in beer?

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The Squirrel’s Up on Glass in the Aquarium

I used to work for Technicolor Videocassette back in the day. We’re talking about 1990 here. Back when the videocassette was king, and the Intel 486 pretty much ruled the world. In those days Technicolor made about 70% of all the VHS cassettes in the world (including all of Disney’s stuff).

Anyway, we were flying out to Westland, Michigan every week, doing our development work on their videocassette packaging and shipping pipeline that they were integrating with Walmart for what’s called “JIT” delivery (“Just In Time”) services. This meant they’d get the order for the specific video tapes, pick them from inventory and ship just the ones the store had requested.

So we were working on a database driven system that fed a monstrous device called the A-Frame, which was little more than a big conveyor belt from which video cassettes were picked from the stacks standing along its pathway. The cassettes would be selected by computer, be popped off the bottom of the stack, hit the belt, and end up in a box at the end. It made the job of finding the cassettes in the warehouse for each order moot, and saved a lot of steps for the people who had to run around and fill the individual orders. We had spent months on the project, and were working in a small long room with windows in one side that had previously been a shop floor production office. We called the thing The Aquarium because it resembled nothing more than a big fish tank, about the same proportions and glass on the one side, you get the idea.

We had sort of a pointy-haired IT manager, who shall remain nameless (partly because I don’t remember his name, so it’s just as well). We put a sign in the window of the Aquarium that said Do Not Tap On Glass, just like you’d see at a pet store, but when he saw it he didn’t get it at we had to explain it to him. Not the brightest crayon in the box, this guy.

The real story was the database server. Today everybody talks about SQL servers, and they’re commonplace, but back then it was brand new and nobody really had a good handle on what they could do and how they worked – except this one guy in his early 20’s we’d hired away from Microsoft, because he was an expert in SQL. You pronounce it “sequel”, but back then nobody could agree on how it was pronounced, and this ex-Microsoftie called it “Squirrel”. It was as apt as any other pronunciation, and we liked the confused expressions people got when we talked about it in front of them, being the incurable geeks that we were, and so for us, it stuck.

Then came the problem of connecting the SQL server to the A-Frame. In those days we had pretty bad networking. The best you could get was something called ARCnet, and the cards cost about $300 each, and that was in 1990 dollars. They failed a lot, and these days your average cable modem outperforms it by about ten to one or more. So to cover the great distances involved in the warehouse where we were, we needed something better. There was no wifi then, but there was optical fiber.

This was the glass stuff. It was expensive, and fragile. Once a forklift ran over a cable and broke the fragile strands, and a thousand dollars worth of this glass cable had to be restrung. Finally, the networking problems and the SQL server and the A-Frame were all connected together, and we ran our first communications test. We all held our breaths, and sent the message from the control station. The A-Frame responded.

We had been working for months getting to that point. you never saw a bunch of programmers whooping and hollering with excitement as we did that morning.

While all this was going on, the Pointy Haired IT manager happened by and asked what all the commotion was about.

“The Squirrel’s up on glass in the aquarium!” we happily exclaimed.

Mr. Manager just looked quizzically confused, and not wanting to admit that he had no idea what we were talking about, gave us a vague, slightly open-mouthed smile, and excused himself.

-- Gene Turnbow

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Chicken Steadicam

Chicken Steadicam

But Only If You’re A Chicken.

 

This video has been around for a while, but there may be something to learn from chickens yet. Watch in amazement as this chicken’s head remains precisely located in space regardless of the motion of its body.

Then be amazed that you sat and watched a chicken for a full minute with your mouth open.

–Gene Turnbow

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Warp Drive – One Step Closer

Warp Drive – One Step Closer

The main problem with developing working warp drive apparently isn’t the math. We’ve figured that part out. What we need, though, is an unimaginably monumental supply of energy to power the thing.

The spokesman for CERN’s ALPHA experiment—Jeffrey Hangst of Aarhus University, Denmark—says that trapping these atoms was a bit of an overwhelming experience:

What’s new about Alpha is that now we’ve managed to hold on to those atoms. We have a magnetic bowl, kind of a bottle, that holds the antihydrogen […] For reasons that no one yet understands, nature ruled out antimatter. It is thus very rewarding, and a bit overwhelming, to look at the ALPHA device and know that it contains stable, neutral atoms of antimatter.

Well now we’re one step closer.  At CERN, scientists have successfully captured antihydrogen and can hold atoms of it for study in a magnetic bottle.  They know they’ve got antihydrogen, because when they release it, the expected annihilation takes place.

You’ve just gotta see this.

Why have I been writing about leaps in scientific knowledge and technology lately?

Because I feel that Humanity is reaching for its future with both hands, and that if we can solve the mysteries of the universe, it’ll make it easier to solve the problems of your everyday garden variety human beings as individuals. It is an exciting time to be alive. We are on the verge of a new frontier, and it all begins right here, right now. Our perspective and perceptions are shifting as our awareness and understanding of the very nature of reality itself expands.

On seeing the Enterprise’s warp engine while visiting the set of Star Trek: The Next Generation (where he would briefly play himself in the 1993 episode Descent, Part I), Stephen Hawking smiled and said: I’m working on that.

I feel like a kid on Christmas morning. I can hardly wait to see what’s under the tree.

— Gene Turnbow

 

Links

Warp Drive – One Step Closer

Pics AND It Didn’t Happen

A new technique developed by Germany’s Technische Universität allows elements to be removed from video images in real time.  They’re purportedly working on a version of this that runs in Android, so I may be able to try this for myself on my Droid phone soon.

Watch the YouTube video and be amazed.

— Gene Turnbow

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