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But you can’t distribute it, which in the scenario mentioned in the parent’s final paragraph arguably happens.

AnthonyMouse
You can't distribute the copyrighted works, but that isn't inherently the same thing as the model.

It's sort of like distributing a compendium of book reviews. Many of the reviews have quotes from the book. If there are thousands of reviews, you could potentially reconstruct the whole book, but that's not the point of the thing and so it makes sense for the infringing thing to be "using it to reconstruct the whole book" rather than "distributing the compendium".

And then Anthropic fended off the argument that their service was intended for doing the former because they were explicitly taking measures to prevent that.

layer8 OP
The premise was that the model is able to reproduce the memorized text, and that what saved Anthropic was them having server-side filtering to avoid reproducing that text. So the presumption is that without those filters, the model would be able to reproduce text substantial enough to constitute a copyright violation (otherwise they wouldn’t need the filter argument). Distributing a “machine” producing such output would constitute copyright infringement.

Maybe this is a misrepresentation of the actual Anthropic case, I have no idea, but it’s the scenario I was addressing.

AnthonyMouse
> Distributing a “machine” producing such output would constitute copyright infringement.

This is the thing you haven't established.

Any ordinary general purpose computer is a "machine" that can produce copyrighted text, if you tell it to. But isn't it pretty important whether you actually do that with it or not, since it's a general purpose tool that can also do a large variety of other things?

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