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The difference seems to be in the level of fidelity of the copy. For example, we still attribute works to Socrates even though they were written down by Plato.

Some of these LLMs can produce code that is nearly identical to some file in the training set with the right prompt, similar to a human with a photographic memory. If a human for example copies a story or song, copyright law can and does consider it a copy even if produced purely from memory.

The line of originality was always somewhat arbitrary, it likely will continue to be.




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