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Hot take: LLM technology is being purposefully framed as AI to avoid accountability
(self.technology)
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This depends on how transformative the act of encoding the data in an LLM is. If you have overfitting out the ass and the model can recite its training material verbatim then it's an illegal copy of the training material. If the model can only output content that would be considered transformative if a human with knowledge of the training data created it, then so is the model.