License is ambiguous - is it allowed to use it for personal commercial use?
There's too much discussion off-site about whether normal people can use Ideogram for creative tasks they make money from, or not. It's ambiguous. People are saying Ideogram 4 allows commercial usage of the outputs but that's not what I understand when I read the license text.
Take this typical usage scenario: I want to generate images with Ideogram on my computer, and use them as graphical assets for a commercial videogame that I want to sell on Steam. For example 2D backgrounds, 2D characters, etc.
The core parts of the license are:
- Grant of rights: "We hereby permit you to use, reproduce, Distribute, copy, create derivative works of (including Model Derivatives), and make modifications to the Model for Non-Commercial Purposes subject to the terms of this Agreement, including any use restrictions set forth below."
- Non-Commercial Purposes: "(d) “Non-Commercial Purposes” means activity or use that fits in any of the following categories: (i) use that does not directly or indirectly generate revenue and is not otherwise intended for or directed towards commercial advantage or monetary compensation,"
So based on these definitions, I'd be violating the Non-Commercial Purposes clause (D.i) if I use Ideogram 4 for helping me create graphics for my videogame?
If commercial usage is allowed in my example, then the license text goes against that, and should be clarified.
The only reason this isn't abundantly clear is because of certain other companies making a similar licence but then muddying the waters. Non-commercial should be self-explanatory but here we are.
(iii) personal use for research, experimentation, testing purposes as part of a personal study, private entertainment or hobby project,
If you're one of these patreon devs, could maybe define it as a hobby project. Or just not mention the model at all, there are so many generators out there it's not easy telling them apart from output alone, if it's just for some content gen. Or do whatever you want and hope there's no litigation (not that I'm recommending as much).
Finetunes of klein are available for sale right now in an online store, bfl is aware and does precious little except approve rollbacks for the tuner's repeated dmcas on open hf reups (which are illegal too but since when has that stopped anyone, really).
(iii) personal use for research, experimentation, testing purposes as part of a personal study, private entertainment or hobby project,
If you're one of these patreon devs, could maybe define it as a hobby project. Or just not mention the model at all, there are so many generators out there it's not easy telling them apart from output alone. if it's just for some content gen. Or do whatever you want and hope there's no litigation (not that I'm recommending as much).
Finetunes of klein are available for sale right now in an online store, bfl is aware and does precious little except approve rollbacks for the tuner's repeated dmcas on open hf reups (which are illegal too but since when has that stopped anyone, really).
Yes, the BFL attitude of 'don't ask, don't tell' is what will happen in reality. The chances of anyone caring enough about someone's outputs is about as low as them finding out about it.
Yes, the BFL attitude of 'don't ask, don't tell' is what will happen in reality. The chances of anyone caring enough about someone's outputs is about as low as them finding out about it.
We don't even really have to extrapolate by much, frankly; there are already a dozen nsfw loras for ideo out there in the open, contravening the first clause of the usage policy.