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by ripe 10 days ago
> spitting out verbatim text

The New York Times lawsuit is resting on the point that large chunks of undigested articles can be vomited out. OpenAI tried to have the lawsuit thrown out but the courts permitted it to continue.

The Times... alleged that OpenAI's ChatGPT and Microsoft's Copilot had produced near-verbatim replicas of copyrighted articles, that the chatbots generated hallucinated content falsely attributed to the Times, ...

https://en.wikipedia.org/wiki/The_New_York_Times_v._Microsof...

2 comments

It's possible. Would be interesting to see their evidence, and to know whether they can reproduce it for arbitrary articles, not just ones that have been endlessly republished on the net.
> spitting out verbatim text

> had produced near-verbatim replicas

Don't get too hung up on the preciseness of the copy - the courts won't. I doubt that spitting out an existing article with a few adjectives changed would be considered transformative.
What's almost certainly going to happen is that the courts will decide the infringing party in that situation is the one who willfully caused the violation.

Since most users of LLMs are not using them to run around copyright and this copyright stuff is aggressively trained out of models or blocked whenever possible, the models themselves are still transformative works not intended to facilitate infringement.