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2026-01-16 17:07:58 UTC
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David Chisnall (*Now with 50% more sarcasm!*) on Nostr: nprofile1q…vcj3j Stanford law professor Mark Lemley, who has represented AI ...



Stanford law professor Mark Lemley, who has represented AI companies in copyright lawsuits, told The Atlantic that he isn’t sure whether an AI model “contains” a copy of a book or can reproduce it “on the fly in response to a request.”

This is the kind of nonsensical defence that makes me really question the competence of the lawyers working for the copyright owners. In a black-box system, if the two are indistinguishable then why would it matter from a legal perspective?

If I take a book and XOR every bit in it with 1, then write it to my disk, my disk does not contain a copy of the book. But I can reconstruct the original book on demand.

There is no defence for books in LLMs that would not also apply to MP3 compressions of CDs, except that MP3s are a 1:1 thing. But that defence would apply if I take a CD library, compress each track as MP3, then use zstd in dictionary mode to compress the MP3s.