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Also, when it's trivially easy to get an LLM to disgorge entire large chunks of pilfered text from its training data, the argument that other uses are "transformative" are, well, not the slam dunk you might think they are

"transformative" is such a hard definition too, which is why people with lots of money use it as a cudgel against those with less. Disney (and others) definitely won cases against people who should win, but didn't have millions of dollars to fight the Mouse and will, no doubt, continue to do so.

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