Standard disclaimer; This post does not constitute legal advice. How you interact with SAI and their product is up to you. You should seek your own legal counsel before making any decisions.
As we posted previously we'd banned SD3 from the site over licensing concerns.
To summarize those concerns, as written the creator license seemed to imply that Stability had edit and takedown power over not just any resource trained on SD3 but also on any resources that used its outputs in their datasets.
The model training, sharing, and merging community is rather incestuous (meaning a lot of training is done on outputs from other resources, are merges or incorporate other LoRAs) and our concern was that if these suspicions were correct, many models not just SD3 based, could be affected by this and the stable diffusion community as whole would be at risk should SAI decide that fostering open-source was no longer in their best interest. A concern made more real as of late given the recent turmoil within the company.
After banning SD3 from the site, we followed up with our legal team to see what clarity they could offer on the license, and it seems our fears were warranted.
Below is a screenshot of the email we received back from our lawyers, it's been cropped to remove personal information only:
What does this mean for SD3 on Civitai?
Unfortunately this means that for the time being SD3 will remain banned.
Even if you assume no potential for future misuse on the license holders part, given that Civitai is actively committed to helping creators monetize their work, it would be severely irresponsible of us to promote this model with the license as is.
Have you talked to Stability?
We've had conversations with representatives, but no one that can actually give us any more insight into this license or SD3. We're continuing to reach out and with the news of the recent leadership change we're optimistic we can have a chance to converse.
Why not keep SD3 up but put disclaimers around its use?
We've thought about it. If we could get even some clarity from Stability around SD3 we might consider doing so, but going back to the incestuous nature of the creation community we fear even that could be a potential poison pill.
In summary, SD3 remains down until such time as stability updates their license or at least provides greater clarity so we can give adequate disclaimers