Last year, I started working on a children's book generation product using AI for illustrations. In the process, I discovered Midjourney and I was blown away by the quality.<p>I then tried to find their API so I could use it in my product. Google showed no results. I thought I was Googling wrong.<p>It turns out, Midjourney didn't have an API<p><insert pivot gif from Friends><p>Of course, I set out to build it. I created a POC and posted it on the Midjourney subreddit[1]. That's when I discovered that Midjourney's ToS specified that user's aren't allowed automated access<p>Too late, I had already built it and had a lot of email signups from people wanting it.<p>The initial idea was to have a bunch of Midjourney accounts and let people generate images using my accounts. Now that was a no go since I'd be in violation of their ToS.
To sidestep the issue, I decide to let the end users take the risk. You want API access, you provide your Midjourney account and we'll do the rest.<p>At first I launched a self-hosted version that people would pay once and then use it on their on hardware.
This proved too cumbersome to setup, so I launched the cloud version. Mind you, it took me months to learn this lesson.<p>To say it's been going great is an understatement.<p>I've been building side projects since 2014, starting with HNdigest (which I exited for a whopping $2k ).
The farthest I got was $3,000 MRR in 2019 which was a huge success. Now, ImagineAPI.dev is doing $16k MRR<p>Fast forward to a few days ago. I check my email and see that Midjourney sent me a cease and desist. They had two issues: ToS Violation[2] and Trademark Infringement[3].<p>I want to be clear, I've never intended to harm Midjourney. Every image generating with ImagineAPI.dev has been paid for — we don't allow users to generate free images using Midjourney's relaxed mode. There are alternative API products that do that and we get people asking all the time. However, I wanted Midjourney to benefit from us being around; not to be harmed.<p>However, I certainly don't intend to roll over and kill my product.<p>We're not in violation of the ToS as we don't have any Midjourney accounts. I've updated marketing assets to specify that we're an "(unofficial) Midjourney API". What else should I do?<p>What should I respond to their legal counsel with?<p>Anyone have experience with this type of threat in the past? How did you handle it?<p>P.S.: My legal entity is based in Canada. FWIW.<p>[1] https://www.reddit.com/r/midjourney/comments/11betr7/i_created_an_unofficial_api_for_midjourney/
[2] https://share.cleanshot.com/NPXjkk3c
[3] https://share.cleanshot.com/94ZvY4q4 https://share.cleanshot.com/j47jnx6N
A c&d is a nice way of asking you to shutdown before they sue you. Most companies will not bother unless they think they have a case against you. Your choices are shut down or stay up and hire a lawyer to defend you in the coming case against you. Even if they do not have a strong case you will end up being in court a while. Keep in mind you have a source of income now but what may happen is they sue you then release their own api and cut your revenue at the same time. It's risky to build products on other peoples businesses especially if they dont want you to. I am not just talking out my ass. I was in the same situation on one of my projects and chose to shut down when I saw others going through lawsuits. At the very least you need to speak to a lawyer and make sure you can win a case.<p>In this specific instance you are providing a product that interfaces with their product. Your product allowing breaking TOS is likely grounds for their lawsuit. For similar cases look up bot manufacturers in World of Warcraft vs Blizzard. They won all their cases by saying the code that is in the ram is their property.<p>Edit: I also wanted to add that even if you are somehow not against their tos right now they can always update their tos to not allow your type of service..
Either comply with the cease and desist or talk to a lawyer.<p>I wouldn't have high hopes if I were you, I'm not a lawyer, but I think you have a weak legal position. An actual lawyer might tell you otherwise.
From what I gathered from your service description it doesn't make sense to me that yu provide a service and they try to sue you
If anything they should sue, aka block, the accounts of your users. It's them that are violating the tos, not you.
It's weird replies on hn have been so cold towards you, if you want the internet defense force coming to your rescue I think you have to explain better why you are not violating the tos (reasonable tos).
Your service is no different from youtube-dl and many other services from what I understand, right?<p>Also layout of your post is screwed up on mobile, I yhink it made you lost attention from mobile users which are many I guess
<i>We're not in violation of the ToS</i><p>Yes you are, by your own admission just a few lines above, and a quick glance at the ToS itself. Your "intent" doesn't matter. By using the service, you must comply with the ToS, full stop (unless it is clearly void by existing law, which as your lawyers will immediately tell you if you choose to waste money on them, it isn't in this case).
I wonder if they'd like a percentage of the profit now and in the future? Your reaction to the C&D shows some resilience, which is nice to see.