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How is that person missing the point? You are making a legal argument and apparently without any consideration for the actual law...

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They're missing my point because I'm not saying it is or isn't, I'm saying that it's messy and things like the required prompt may sway the judge and/or jury one way or the other. If you provide ChatGPT an entire copyrighted text in the prompt and then go "ah-ha, the response violated my copyright", a judge and/or jury probably won't be very impressed with you. If instead you just ask ChatGPT "please produce chapter 1 of my latest book" and it does, then ChatGPT is not looking so great.

Judge or jury one way or the other on what? You literally have no idea what you are talking about, have any idea how a lawsuit works, and apparently what is decided by a judge vs what is decided by a jury, and you are constantly espousing on legal issues as if it is contributing to anything but furthering other people's ignorance when they don't know better to dismiss your posts.

Your hypothetical is asinine and completely removed from what is at issue in this lawsuit.

And of course now, reading other posters responding to you in this thread, I'm not the only one pointing out how you are only contributing your own misunderstandings.

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