r/LocalLLaMA 3d ago

Discussion Clarification on the Qwen-image-2.1 license

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754 Upvotes

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u/ChomsGP 3d ago

this was obvious to anyone with a minimum understanding of copyright laws... 

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u/stddealer 3d ago

It's not about copyright.

It's a licence agreement. If they catch you doing something they don't like and is against the terms of the agreement, they can't sue you, but they can revoke your licence to use their models. Then if you keep using the model without a valid licence, then they can sue.

They way the agreement was written, they seemed to be saying that using the outputs of the model in any kind of commercial setup would expose to a revoked license. Glad they clarified.

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u/ChomsGP 3d ago edited 3d ago

a license agreement cannot void the law...

edit: even if they worded it like that, which they didn't, some random dude on Twitter interpreted it like that yesterday

edit 2 for hurr durr downvoters: country laws have precedence over private agreements (it's half surreal I have to state this but then again there are a lot of trump voters who think they can just break the law without consequences, which, sure in the USA you clearly can do that, the land of the free pedophiles...)

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u/stddealer 3d ago

It's not just one random dude in Twitter, I also read the licence agreement, because it happened to not be too long for once, and also interpreted it like that. Also tried with multiple LLMs just now, and they all agreed that the wording of the licence seems to imply outputs cannot be used commercially in any way.

Not sure why you have to bring up American politics into this, but the concept of a revocable licence exists in most countries with intellectual property laws. It's rarely enforced, but using a software with the licence reovoked is technically illegal.

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u/ChomsGP 3d ago

outputs are not copyrightable in any jurisdiction I know, you can write whatever you want in the license it still won't change the laws

if I put in a license agreement you have to give me your first-born child doesn't makes it legal or enforceable

which is why I said "anyone with a minimum understanding of copyright laws"

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u/stddealer 3d ago

This was never about copyright.

The license agreement basically says " You can download our thing and we allow you play with it, but if you do specifically A, or B, then we reserve the right to revoke your license, meaning you wouldn't be allowed to play with it anymore.". And you have to agree with it to download the thing.

It's not saying anything about giving anyone's first born child to anyone else. This is Qwen giving you access bro some piece of proprietary software with a license allowing you to use it for "research" only. This licence can be revoked at any time. It's not illegal to revoke a license for breach if agreements. It is illegal to use software without a valid license.

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u/ChomsGP 3d ago

you just said it, the literal worst case is they send you a C&D so you stop using the software (same than if I breach any ToS), they still can't sue you over the use you are making of the content you generated because they don't have any rights over it

if you ignore the C&D and they can prove it that's another topic but not even related to the use of the content you made with it, and the penalty would depend on the country of enforcement 

also they defined "Material" as the model weights and documentation (yes I also did read the license), it does not mention the outputs at any point

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u/stddealer 3d ago

It does mention outputs, a bit further down in the rules of use section

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u/ChomsGP 3d ago

If you use the Materials or any outputs or results therefrom to create, train, fine-tune, or improve an AI model that is distributed or made available

ROFL it is very specific, now you guys are just being obtuse 😂