License
Hi, the license for this on huggingface seems to differ from the permissions you've set on civitai. Please clarify if I'm able to use this model to output custom avatars with lora weights for a pet social media service app. For example on the open rail m license it says "You may host for Third Party remote access purposes (e.g. software-as-a-service)" but this is not so clear on civitai.. (if we have any revenue through the app we would be indirectly "selling" the images from the output of this model)
Thanks!
I honestly don't think the creator cares, here it says openrail-ml and you have a copy of the license available, just make sure you store the license along the model (keep in mind the author can change the license in future updates, but this version upload clearly states the license, so as long as you keep the same files and the license you should be good :))
Also bear in mind rn there is no legal precedents on any of this so we don't even know if this (or any) licensing is enforceable
@Choms The reason why I asked in the first place was because yes it says openrail-ml here but on civitai he specifically states usage requirements. I emailed the creator and he said that there is a licensing fee. Regardless I don't think it's fair for people to profit off of other people's work without permission and you should always be very careful even if they don't have legal fees to proceed - it's really an ethical issue
Sure thing, but that is subjective, I was just trying to bring up light regarding licensing, the author should read the licenses and use what he seems appropriate, legally speaking if I see a model published with an open license and I comply the terms of the license the fault is on the author for using a license they didn't like ;)
Also the second point stands, we really don't know if any of this is enforceable (we don't even know if the author has licenses for the training material, etc)
Edit: I don't mean legal fees, literally no judge has said to one way or another so even on a trial this is not clear
I understand your intentions for commenting but it is based on assumptions, eg. the author has permission from the pixel artist and they sell an extension called RetroDiffusion so I would be a competitor by stealing his IP.
Image models were just created like what, a decade ago and we don't even know how the outcomes for the stable diffusion court case is going to turn out. Like I even agree with fair use but regardless just because the law doesn't exist & even if he didn't apply for a patent, you shouldn't lose ur integrity.. Sorry if I sound a little triggered but the problem with so many companies is that they won't fairly compensate the people who worked for the things they claim is theirs. You treat people like that and you'll get treated the same from the higher ups.
Yes like you said it's subjective but a more extreme example to make my point would be using someone's face onto porn without their permission to make money.. or is that subjective too?
You do sound a little triggered tbh ;) I'm just saying it's on the author to read the license or write his own, he is not even complying the terms of openrail-ml himself (not attaching copy of the license, not disclosing changes and not appending his license terms which are all required if you actually read the thing)
I'm sorry but my point is not about ethics, I can't publish something under MIT because I didn't read it and later on complain that someone else is doing derivatives without attribution
Your point is actually about ethics because it's a matter of exploiting vs. clarifying the ambiguity/conflicting info of the upload.. If you wanna talk about law, if I proceed even when the author has made it known about his intent for its use, at this point there is still a legal risk.
Just to make clear I'm by no means suggesting you to go against what the author told you, but for example I don't have civitai, if I come over this model here and I don't see this conversation we are having now, I would adhere to the license that is included with the model, which is openrail-ml, that is just a fact
In your particular case, and mine at this point, he would probably have an argument on a trial (though I'm trusting you as I haven't reached out to the author)
Also to note I don't plan on using this model either, for some reason this popped on my suggestions in the homepage and I chimed in bc I know a bit about licensing :)
Yeah, I mean I'm not trying to attack your character, but probably argue for professional integrity and legal risk.. and I don't want people seeing these comments and thinking it's right to do what you said you would do? eg. there's importance in doing due diligence when using models for commercial purposes and the responsibility for correct licensing lies not only with the uploader but also the user.. I don't know where you are based in but it's standard professional practice here in North America
but idk u do u and glad we agree lol
I'm in the EU and here we first have laws and then contracts :) I don't see how licensing would be the user responsibility, at least here it is not, as long as I comply the terms of the license and none of those terms contravene our local regulations - now, the artist could sue the model maker for distributing it with the wrong license IF the artist had his own license terms, but again that is hardly enforceable, and either way doesn't concerns me because I didn't break any laws
Using the face of a person without permission to make porn is against the law regardless of the licensing
All in all don't you think it would have been easier to not be lazy and use the correct license to begin with?
I think you're right in that there is no legal responsibility on the user to cross-check platforms unless explicitly stated on HuggingFace. I see what you're saying but as I said not everyone is legally literate & has english as their first language.. In Canada, we still have a lot of corruption but we rely on an attitude that it is a "colonizer" mindset to take work from people and sell output for a price without any compensation because of our history and that we have a high immigrant population who don't speak English. Laws and contracts didn't protect those without power and they certainly don't even now. We can agree to disagree since I still think it's very unrealistic to say I never saw any other form of this model on any other website during my deployment even if the one on Civitai with licensing is the first thing that pops up on my google search..
All in all I think it is just easier for me to clarify with him. It literally took less than 10 minutes lol
Yea ok but I hope you see I'm not trying to discredit you or the author, I'm just saying it is how things work, the ideal situation here (at least from my PoV) is the author (or any interested reader) take the constructive feedback and be more mindful on regards of licensing, he can update the license anytime after all
Yes, he should.