niue is not in control of the .nu domain, it's administered by the swedish internet authority. which is unfortunate, but they do receive at least some recompense for it.
documentation at lagen.nu uses "plagiat" interchangeably with "upphovsrättsbrottsligt material". argumentations in the swedish judicial system are not written in the impenetrable formal language of anglophone countries and are actually quite simple to parse, since they are not being used as precedence (since sweden is a civil law country rather than common law).
it still is, which is why shit like this is so crazy because it happens a lot.
the model keeps basically nothing of the original image, less than a single bit per work it ingests on (the LAION-B dataset is almost 6 billion images, most models have more than double the input data, the models are 5-6 GB, and each image is 1024x1024 pixels), so the image can't be in there. and yet most of these models can manage to stitch together their input data almost perfectly. it's like the model splits images into their constituent parts and builds them back the same.
from a technical standpoint it's amazingly unlikely. from a human perspective it's scummy. from a legal perspective it's 100% plagiarism.
it's like a much worse repeat of when he called up the prime minister of sweden to post bail for asap rocky, and the prime minister of sweden had to explain to him that not only do we not have a bail system because that's an absurd idea, the courts are not a political organ and so the prime minister can not ask them to do anything.
why would you take the least charitable interpretation? there is no need to be hostile.
and the answer, of course, is that it can be, as long as the information copied is meaningful for displaying to the user.
you're basically asking the equivalent of whether putting things into an array is an algorithm, which of course has the answer "it can be, depending on how you put it in". so basically, the operation you're highlighting is not the point.
i thought they were siblings? this comic is playing very fast and loose with its characters...