this post was submitted on 24 Jun 2025
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It can, the only thing stopping it is if it is specifically told not to, and this consideration is successfully checked for. It is completely capable of plagiarizing otherwise.
For the purposes of this ruling it doesn't actually matter. The Authors claimed that this was the case and the judge said "sure, for purposes of argument I'll assume that this is indeed the case." It didn't change the outcome.
I mean, they can assume fantasy, and it will hold weight because laws are interpreted by the court, not because the court is correct.
It made the ruling stronger, not weaker. The judge was accepting the most extreme claims that the Authors were making and still finding no copyright violation from training. Pushing back those claims won't help their case, it's already as strong as it's ever going to get.
As far as the judge was concerned, it didn't matter whether the AI did or did not "memorize" its training data. He said it didn't violate copyright either way.
Makes sense to me. Search indices tend to store large amounts of copyrighted material yet they don't violate copyright. What matters is whether or not you're redistributing illegal copies of the material.