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The key word in the HN headline is _can_.

Humans are not judged on the basis of what they _can_ do.

Reasoning about how to constrain tools on the basis of what they _could_ do, if e.g. used outside their established guardrails, needs to be very nuanced.

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Correct; the ability of a model to reproduce source material verbatim does not necessarily make the model's existence illegal. However, using a model to do just that might very well present a legal liability for the user. I would be interested to see the extent to which models can "recite from memory" source code, e.g., from the various MS code leaks. Put another way, if I'm using LLM code generation extensively, do I need to run a filter on its output to ensure that I don't "accidentally" copy large chunks of the Windows codebase?

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