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The New York Times is suing OpenAI and Microsoft for copyright infringement
(www.theverge.com)
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"Your honour my program that I created to slurp up data from the internet using my paid for internet connection, into my AI trained model that I own and control happened to slurp up copyrighted data.. I um, it's not my fault it slurped up copyrighted data even though I put no checks in place for it to check what it was slurping up or from where."
That is the argument you are putting forth.
Do you think any judge/court of law would view that favourably?