human analogies are cute, but they're completely irrelevant. it doesn't change that it's specifically about computers, and doesn't change or excuse how computers work.
OpenAI doesn't just get to steal work and then say "sorry, not possible" and shrug it off.
The NYTimes should be suing.
1. If you run different software (LLM), install different hardware (GPU/TPU), and use it differently (natural language), to the point that in many ways it's a different kind of machine; does it actually surprise you that it works differently? There's definitely computer components in there somewhere, but they're combined in a somewhat different way. Just like you can use the same lego bricks to make either a house or a space-ship, even though it's the same bricks. For one: GPT-4 is not quite going to display a windows desktop for you (right-this-minute at least)
2. Comparing to humans is fine. Else by similar logic a robot arm is not a human arm, and thus should not be capable of gripping things and picking them up. Obviously that logic has a flaw somewhere. A more useful logic might be to compare eg. Human arm, Gorilla arm, Robot arm, they're all arms!
Copyright law is a prehistoric and corrupt system that has been about protecting the profit margins of Disney and Warner Bros rather than protecting real art and science for living memory. Unless copy/paste superhero movies are your definition of art I suppose.
Unfortunately it seems like judges and the general public are so clueless as to how this technology works it might get regulated into the ground by uneducated people before it ever has a chance to take off. All so we can protect endless listicle factories. What a shame.
You are correct, if I were to steal something, surely I can be made to give it back to you. However, if I haven't actually stolen it, there is nothing for me to return.
By analogy, if OpenAI copied data from the NYT, they should be able to at least provide a reference. But if they don't actually have a proper copy of it, they cannot.
It would be great if we could tell specifically how something like ChatGPT creates its output, it would be great for research, so it's not like there is no interest in it, but it's just not an easy thing to do. It's more "Where did you get your identity from?" than "What's the author of that book?". You might think "But sometimes what the machine gives CAN literally be the answer to 'What is the author of that book?'" but even in those cases the answer is not restricted to the work alone, there is an entire background that makes it understand that thing is what you want.
This kind of mentality would have stopped the internet from existing. After all, it has been an absolute copyright nightmare, has it not?
If that's what copyright does then we are better without it.
When told it is impossible they go "Geek Harder then Nerd" like demanding it will make it happen.
These types of arguments miss the mark entirely imho. First and foremost, not every instance of copyrighted creation involves a giant corporation. Second, what you are arguing against is the unfair leverage corporations have when negotiating a deal with a rising artist.