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OpenAI says it’s “impossible” to create useful AI models without copyrighted material
(arstechnica.com)
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And human comedians regularly get called out when they outright steal others material and present it as their own.
The word for this is plagiarism.
And in OpenAIs framework, when used in a relevant commercial context, they are functionally operating and profiting off of the worlds most comprehensive plagiarism software.
They get called out when they use others work as a template, not as training data.