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A new paper [PDF] from the AI Disclosures Project claims OpenAI likely trained its GPT-4o model on paywalled O'Reilly Media books without a licensing agreement. The nonprofit organization, co-founded by O'Reilly Media CEO Tim O'Reilly himself, used a method called DE-COP to detect copyrighted content in language model training data.

Researchers analyzed 13,962 paragraph excerpts from 34 O'Reilly books, finding that GPT-4o "recognized" significantly more paywalled content than older models like GPT-3.5 Turbo. The technique, also known as a "membership inference attack," tests whether a model can reliably distinguish human-authored texts from paraphrased versions.

"GPT-4o [likely] recognizes, and so has prior knowledge of, many non-public O'Reilly books published prior to its training cutoff date," wrote the co-authors, which include O'Reilly, economist Ilan Strauss, and AI researcher Sruly Rosenblat.