Pundit ClaimsAI claims by Gary Marcus and Ed Zitron, with the evidence

“Other prompts still elicited apparent copyright infringements, where new filters did not suffice.”

DALL-E’s New Guardrails: Fast, Furious, and Far from Airtight, paragraph 20. The full statement is at the source.

Our reading, the sentence that was checked:

Even after the new filters, some prompts to Bing's DALL-E 3 still produced apparent copyright infringements.

Assessment: Unresolved Evidence as of

Where and when Gary Marcus wrote it

Marcus on AI, DALL-E’s New Guardrails: Fast, Furious, and Far from Airtight, paragraph 20.

Said
Source observed
live page, full text, public
Evidence as of
the cutoff for this assessment
Assessment recorded
assessment marcus-dall-es-new-guardrails-fast-furious-9b2ca8-a1

We recorded 8 claims from this post. See every claim from this post.

The wording above is the version this site observed on 2026-10-29. The source may have been edited after 2024-01-10. This page does not claim the wording was captured then.

What the claim commits to

Kind
Observation
Deadline, as the speaker wrote it
None stated. This site does not add one.
Deadline state when assessed
No horizon
Deadline state on 2026-10-29
No horizon (the release’s reference date)

From the speaker

  • Other prompts still elicited
  • apparent copyright infringements
  • new filters did not suffice
  • Bing (running OpenAI’s DALL-E 3)

Our interpretation

  • Apparent infringement means visibly recognizable reproduction of protected characters or artwork, preserving the speaker's qualification rather than requiring a court judgment.
  • The claim specifically concerns outputs after the described filter changes. General evidence that Bing could produce recognizable characters does not establish that sequence.
  • I use January 1–10, 2024 for the recent episode described in the post. The exact filter-change and generation dates are not supplied.

Counts as supported if: Authenticated dated Bing/DALL-E 3 prompt-and-image records after the described filter changes show recognizable protected characters or artwork.

Counts as contradicted if: Authenticated records establish that the alleged post-change examples preceded the changes, were not produced by the named system, or did not show the claimed resemblance.

Retrospective: these criteria were written after the outcome was public.

Current assessment

Was it true for the period described?

Outcome: Unresolved

The record was checked, and the evidence available by the cutoff does not settle it.

Scored on a plain reading. The speaker named no measure for this claim, so it was judged on the reading an informed reader would take, stated below under our interpretation. Both reviews had to find that reading fair.

Evidence as of
Deadline state when assessed
No horizon
Assessment recorded
Policy version
2026-10-28.7

Rationale

Independent testing reported recognizable Mario and Sonic outputs from Bing. That corroborates the underlying capability, but the claim specifically concerns failures after particular new filters. The available records do not establish that chronology. The speaker's own examples cannot supply the missing independent confirmation.

Limitations

  • The independent demonstration lacks authenticated generation timestamps and filter-version information.
  • Recognizable characters do not by themselves establish legal infringement.

Evidence (1 item)

  • Context only: Tom's Hardware; Avram Piltch,

    both Mario and Sonic

    Why it matters here: This is a separately conducted demonstration reported on January 6; that date identifies the public report, not an authenticated generation timestamp. It corroborates recognizable Bing outputs but cannot establish their ordering relative to the claimed new filters.

    Publisher
    Tom's Hardware; Avram Piltch
    Kind of source
    Demonstration
    Describes events of
    Public from

What would settle it

Authenticated Bing generation records dated after a verified filter deployment, or an independent contemporaneous reproduction documenting that sequence.

Where it was said (1)

Said once in the sources this register covers.

  • : Marcus on AI, DALL-E’s New Guardrails: Fast, Furious, and Far from Airtight

    Other prompts still elicited apparent copyright infringements, where new filters did not suffice.

    Published
    2024-01-10
    Source observed
    , live page
    Access
    full text, public

History

Assessment versions

Recorded events

  1. Assessment publishedBy this site

    First assessment published after both reviews and the final-text check passed.

    About assessment marcus-dall-es-new-guardrails-fast-furious-9b2ca8-a1.