Technology

yeah but like, legally, is this even a valid argument? Sure there is techically probably like 0.0001% of the average person being used in any given result of an AI generated image. I don't think that gives anyone explicit rights to that portion however.

That's like arguing that a photographer who captured you in a random photo in public that became super famous is now required to pay you royalties for being in that image, even though you are literally just a random fucking person.

You can argue about consent all you want, but at the end of the day if you're posting images of yourself online, you are consenting to other people looking at them, at a minimum. Arguably implicitly consenting to other people being able to use those images. (because you can't stop people from doing that, except for copyright, but that's not very strict in most cases)

And now, being used to generate depictions of rape and CSAM.

i dont see how this is even relevant, unless the person in question is a minor, a victim, or becoming a victim, otherwise it's no different than me editing an image of someone to make it look like they got shot in the face. Is that shitty? Sure. But i don't know of any laws that prevent you from doing that, unless it's explicitly to do with something like blackmail, extortion, or harassment.

The fundamental problem here is that you're in an extremely uphill position to even begin the argument of "well it's trained on people so therefore it uses the likeness of those people"

Does a facial structure recognition model use the likeness of other people? Even though it can detect any person that meets the requirements established by its training data? There is no suitable method to begin to breakdown at what point that persons likeness begins, and at what point it ends. it's simply an impossible task.