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China is attempting to mirror the entire GitHub over to their own servers, users report
(infosec.exchange)
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Sure, but that's not what LLMs are doing. They're breaking down works to reproduce portions of it in answers. Learning is about concepts, LLMs don't understand concepts, they just compare inputs with training data to provide synthesized answers.
The process a human goes through is distinctly different from the process current AI goes through. The process an AI goes through is closer to a journalist copy-pasting quotations into their article, which falls under fair use. The difference is that AI will synthesize quotations from multiple (many) sources, whereas a journalist will generally just do one at a time, but it's still the same process.