The Files are in the Computer: On Copyright, Memorization, and Generative AI

Understand

The New York Times's copyright lawsuit against OpenAI and Microsoft alleges OpenAI's GPT models have "memorized" NYT articles.

• Other lawsuits make similar claims.
• But parties, courts, and scholars disagree on what memorization is, whether it is taking place, and what its copyright implications are.
• These debates are clouded by ambiguities over the nature of "memorization." We attempt to bring clarity to the conversation.