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The verbatim reproduction is clearly a red herring and not the main use case. Nobody reads novels (or science papers) by prompting ChatGPT to give the next paragraph.

Derivative work or transformative? It's not the same.

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AI code generation often outputs exact copies of code that exists in the wild. I've seen it output chunks from research papers unprompted as well, its a big problem, or blending two papers together in a salad

AI works also clearly aren't transformative in many cases. If you ask it a question about a paper, it'll quote bits of the paper at you. That serves as an exact substitute of the original work. If you ask it for song lyrics, or information about the news, its content is a direct substitute for the original source it was trained on. This clearly does not fall under a transformative use case

You could argue that some uses of it are transformative, but even then - its easy to find some piece of training data in the source code that the output work supersedes. By its very nature it does not have the capacity to genuinely invent under the law (as it is not human), and a prompt isn't a significant enough part of the processing to count here

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Suddenly it's "copyright infringement" to count the amount of times one word occurs after another word. I find this whole thing so amusing.
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AI has the capacity to exactly reproduce its training data, just because something is a transformed representation does not mean that it isn't copying it in some fashion. The JPEG format 'just' counts the frequencies in an 8x8 block of pixels, and yes that's 100% copyright infringement
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The courts don't agree with you and I don't either. Now what?
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Courts have ordered AI models to remove song lyrics from their training data, they most definitely do not agree with you
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