Comment on OpenAI claims The New York Times tricked ChatGPT into copying its articles

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SheeEttin@programming.dev ⁨8⁩ ⁨months⁩ ago

17 USC § 106, exclusive rights in copyrighted works:

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Clearly, this is capable of reproducing a work, and is derivative of the work. I would argue that it’s displayed publicly as well, if you can use it without an account.

You could argue fair use, but I doubt this use would meet any of the four test factors, let alone all of them.

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