TechTakes

What a deeply dishonorable lawsuit. The complaint is essentially that Disney and Universal deserve to be big powerful movie studios that employ and systematically disenfranchise "millions of" artists (p8).

Disney claims authorship over Darth Vader (Lucas) and Yoda (Oz), Elsa and Ariel (Andersen), folk characters Aladdin, Mulan, and Snow White; Lightning McQueen & Buzz Lightyear (Lasseter et al), Sully (Gerson & Stanton), Iron Man (Lee, Kirby, et al), and Homer Simpson (Groening). Disney not only did not design or produce any of these characters, but Disney purchased those rights. I will give Universal partial credit for not claiming to invent any of their infamous movie monsters, but they do claim to have created Shrek (Stieg). Still, this is some original-character-do-not-steal snottiness; these avaricious executives and attorneys appropriated art from artists and are claiming it as their own so that they can sue another appropriator.

Here is a sample of their attitude, p16 of the original complaint:

Disney's copyright registrations for the entertainment properties in The Simpsons franchise encompass the central characters within.

See, they're the original creator and designated benefactor, because they have Piece of Paper, signed by Government Authority, and therefore they are Owner. Who the fuck are Matt Groening or Tracey Ullman?

I will not contest Universal's claim to Minions.

One weakness of the claim is that it's not clear whether Midjourney infringes, Midjourney's subscribers infringe, or Midjourney infringes when collaborating with its subscribers. It seems like they're going to argue that Midjourney commits the infringing act, although p104 contains hedges that will allow Disney to argue either way. Another weakness is the insistence that Midjourney could filter infringing queries, but chooses not to; this is a standard part of amplifying damages in copyright claims but might not stand up under scrutiny since Midjourney can argue that it's hard to e.g. tell the difference between infringing queries and parodic or satirical queries which infringe but are permitted by fair use. On the other hand, this lawsuit could be an attempt to open a new front in Disney's long-standing attempt to eradicate fair use.

As usual, I'm not defending Midjourney, who I think stand on their own demerits. But I'm not ever going to suck Disney dick given what they've done to the animation community. I wish y'all would realize the folly of copyright already.