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He also agrees that regardless of alleged memorization, the key is that what LLMs use in their output is unprotected, public domain stuff.

As I skimmed this opinion, I thought it strange that Alsup went out of his way to separately analyze books that were both pirated and excluded from the training set. I agree that's not Fair Use, but do any of the three authors necessarily have standing as to the pirated-but-excluded books?

That “training schoolchildren” line is a banger