“Clearview AI is a search engine that uses only publicly available images accessible on the internet. It is absurd that the ACLU wants to censor which search engines people can use to access public information on the internet. The First Amendment forbids this.”
Hmm. Think the major difference here is that Clearview is NOT a publicly available search engine (that is stretching the bounds of credibility a tad!) and is apparently selling what it's seeing! Surely, just because an image can be seen on the internet, that doesn't give anyone carte blanche to scrape it, take it, sell it and make money off the back of the author? I always thought that whoever pressed the shutter button owned the copyright, unless it is part of a commissioned assignment or project carried out by a professional photographer, in which case I believe whoever puts the money down and makes the contract for the work has the copyright. Either way, I would guess that Clearview is trying to bend the rules, somewhat.