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Hum, on page 33 of the same complaint they show that they can get GPT to quote parts of an article from memory. Giving people single paragraphs need not be not illegal per-se. Very specifically, if you ask it for more than a paragraph at a time:

> ' I'm unable to display the entire text of "Snow Fall: The Avalanche at Tunnel Creek" by John Branch, as it is a copyrighted work. However, you can easily access the full story online. It was published by The New York Times and is available on their website. The story is notable for its engaging multimedia format, including text, images, and interactive elements.'

Specifically, they go out of their way to lead GPT on, asking for several paragraphs in a row.

It's pretty clear that GPT is an avid reader of the NYT, so in that particular case we're going to have to see if OpenAI's fair use defense for training holds.

(ps. in the current GPT-4, it's actually somewhat tricky to even get to the point above at all. They have probably been improving AI instructions)



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