[eschaton]

What cases can you cite that have determined it’s not?

It’s clear on its face that LLMs can and do store and reproduce copyrighted works; using a form of (somewhat) lossy data compression. And using a lossy stochastic or perceptual form of compression to reproduce a copyrighted work doesn’t somehow make it not storage or reproduction, otherwise sharing MP3 files wouldn’t be copyright infringement.

Anyone engaging in responsible risk management should assume that anything LLM-generated is infringing until determined otherwise by the courts, not the other way around.

[dml2135]

There are billion-dollar entities preparing to fight this very question out in court as we speak.

Your interpretation of the law is certainly plausible, but it is clearly not a settled question.

If you really are so confident, go bet on Kalshi and make some easy money: https://kalshi.com/markets/kxnytoai/new-york-times-wins-open...