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OpenAI says it’s “impossible” to create useful AI models without copyrighted material
(arstechnica.com)
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I don't think it should go unquestioned that the same standards should apply. No human is able to look at billions of creative works and then create a million new works in an hour. There's a meaningfully different level of scale here, and so it's not necessarily obvious that the same standards should apply.
A fundamental issue is that LLMs simply cannot do this. They can query a webpage, find a relevant chunk, and spit that back at you with a citation, but it is simply impossible for them to actually generate a response to a query, realize that they've generated a meaningful amount of copyrighted material, and disclose its source, because it literally does not know its source. This is not a fixable issue unless the fundamental approach to these models changes.