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> OpenAI's defense, which I am not in a position to verify, is that ChatGPT can not be used to reproduce NYT's articles verbatim without a great deal of prompt engineering.

That's really stupid. It's akin to claiming that I can serve pirated copyrighted content from my server, just as long as it's served from a really convoluted path. If you can get to it through any path, it's infringing. The path literally doesn't matter; it's a total red herring.

> Furthermore the verbatim reproductions that ChatGPT did end up producing after these 10000 prompts are available on numerous public websites unaffiliated with NYT.

Also stupid. So it's only piracy if you download it from the original source, and somehow not-piracy if you download it from another pirate? Or every single commercially released movie is fair game to distribute, because they're already being served up on numerous pirate BitTorrent sites?



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