The ongoing lawsuit against Midjourney, Stability AI, and DeviantArt has added new evidence in the form of a list of over 4,700 artist names that were allegedly used to train Midjourney’s AI-powered image generation tool. The lawsuit, brought by independent artists represented by the Joseph Saveri Law Firm, aims to prove that the use of copyrighted images without credit, compensation, or consent violates the rights of artists. The case is currently being heard in California’s Northern District courts and could set a precedent for making AI fair and ethical for everyone.

Screenshots from the Midjourney Discord server allegedly show CEO Eric Holz admitting that the startup used Magic: The Gathering cards to train their tool. The lawsuit argues that the resulting images are copies of existing works and compete with them in the marketplace, causing irreparable harm to artists. The lawsuit also alleges that Midjourney’s paid tools reportedly raked in $200 million in 2023 and estimates the tech startup could be worth as much as $10 billion.

Wizards of the Coast, the publisher of MTG and Dungeons & Dragons, has maintained a nominal anti-AI art position in its official products and requires artists to refrain from using AI generative tools. Despite this, Midjourney did not respond to a request for comment regarding the latest evidence added to the lawsuit. A judge allowed a direct copyright infringement claim to move forward but dismissed several other claims, giving the plaintiffs an opportunity to amend them before moving forward.

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