I asked ChatGPT if it plagiarizes and engages in copyright infringement. Here’s what it told me.
Using ChatGPT without citation could be seen as unethical or even regarded as plagiarism. It’s a debate that has been raging in academic, legal, journalistic and other professional circles.
Lawyers, and AI experts have their own view, but how would ChatGPT answer these questions? MarketWatch decided to find out. OpenAI’s algorithm sweeps across the web for answers to dish out in seconds to its users, using large language models , a kind of artificial intelligence that mimics human responses.
Halimah DeLaine Prado, Google General Counsel, said in a statement to MarketWatch: “We’ve been clear for years that we use data from public sources — like information published to the open web and public datasets – to train the AI models behind services like Google Translate, responsibly and in line with our AI Principles. American law supports using public information to create new beneficial uses, and we look forward to refuting these baseless claims.
“Plagiarism is using someone else’s work or ideas without giving proper credit,” it adds. “In other words, because you are not giving attribution to the owner of the original work or idea — you are presenting the idea or thought as your own.”The response was definitive, but comes with multiple qualifications.
“First, the response assumes that the only possible form of infringement is in the possible creation of infringing output — that is, content that is identical to or substantially similar to copyrighted works of authorship — when in fact the major claim averred on this relates to the LLMs’ “learning” process,” he said. “Second, the response assumes that copyright infringement needs to be intentional, when that is not an element under U.S. law.
Fangundes agrees. Plaintiffs’ arguments that the technology used by AI infringe their copyrights through their learning processes may well founder on a “fair use” theory, he said. “Courts have repeatedly held that non-expressive uses of copyrighted works by copy-reliant technologies don’t infringe — even in the absence of permission to use the copied works because they are statutorily protected fair uses of those works,” he said.
ChatGPT added: “It’s important to note that if a user submits a question or prompt that contains copyrighted material or is an exact copy of someone else’s work without proper attribution, generating a response based on that content could potentially be considered plagiarism. However, OpenAI encourages users not to use the AI for unethical purposes, including plagiarism.”
“Even if the generative AI perchance emits word-for-word some other existing content, you can simply ask the generative AI what the source was,” he said. “It would certainly be better for generative AI to always provide a designated citation, though this is not necessarily how generative AI has been devised. A follow-up prompt to the generative AI might get you the source name, and thus you have essentially resolved the alleged plagiarism, albeit by your own overt efforts.
He put ChatGPT on par with Wikipedia. “Nobody in academia or journalism would use Wikipedia as a source as it compiles information from different sources,” Chimbel told MarketWatch. “You might use it as a starting point rather than an official source.” He also warns of an ethical “boomerang,” and advises consumers to familiarize themselves with the policies of AI generators.
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