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

“OpenAI has trained on a massive amount of copyrighted material, without consent, and in many instances without compensation.”

What should we learn from OpenAI’s mistakes and broken promises?, paragraph 4. The full statement is at the source.

Our reading, the sentence that was checked:

OpenAI has trained on a massive amount of copyrighted material without consent and often without compensation.

Assessment: Supported Evidence as of

Where and when Gary Marcus wrote it

Marcus on AI, What should we learn from OpenAI’s mistakes and broken promises?, paragraph 4.

Said
Source observed
live page, full text, public
Evidence as of
the cutoff for this assessment
Assessment recorded
assessment marcus-what-should-we-learn-from-openais-d7e7c0-a1

We recorded 15 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 2024-05-26. 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

  • has trained
  • a massive amount of copyrighted material
  • without consent
  • in many instances without compensation

Our interpretation

  • This describes cumulative training completed by publication, not a single quarter or only the latest model.
  • The ordinary reading of massive is large-scale use across substantial corpora, rather than isolated works. No exact count is imposed.
  • Without consent means without affirmative authorization from the relevant rights holder; public accessibility is not itself such authorization.
  • The claim does not say that all training material was unlicensed or unpaid.
  • The factual assessment concerns training practices, not whether those practices legally infringed copyright.
  • This is a claim about content use and permission, not a quantified financial metric.

Counts as supported if: Training disclosures and rights-holder records jointly establish substantial copyrighted training corpora, with many uses lacking affirmative permission and compensation.

Counts as contradicted if: Reliable records establish that the relevant copyrighted training corpora were comprehensively authorized and compensated, or that the claimed large-scale use did not occur.

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

Current assessment

Was it true for the period described?

Outcome: Supported

The dated evidence matches what the claim committed to, under the criteria frozen before grading.

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

The sources jointly support the qualitative claim. OpenAI documents very large web and book corpora, acknowledges training on Times content, relies on fair use for public internet materials, and says it does not pursue paid partnerships for purely public information. The Times states that its copyrighted material was used without authorization or payment. This supports substantial unconsented and uncompensated use without treating every training work as unlicensed or deciding whether the use was unlawful.

Limitations

  • The conclusion combines company disclosures with a rights holder’s filing; the filing is not a court finding.
  • Some content was licensed through partnerships.
  • The evidence supports scale qualitatively, not an exact count or percentage.
  • Copyright infringement and fair use are outside this assessment.

Evidence (4 items)

  • Supports the claim: OpenAI researchers, published on arXiv,

    mixture of datasets

    Why it matters here: The section documents web and book corpora, including roughly 400 billion tokens of filtered Common Crawl data. It establishes training scale, but does not itself establish the copyright or licensing status of every work.

    Publisher
    OpenAI researchers, published on arXiv
    Kind of source
    Preprint, not peer reviewed
    Describes events of
    Public from
  • Supports the claim: OpenAI,

    fair use

    Why it matters here: OpenAI describes reliance on fair use and an opt-out process rather than universal advance licensing. The same disclosure acknowledges Times content in existing-model training while disputing its importance and the lawsuit’s merits.

    Publisher
    OpenAI
    Kind of source
    Company disclosure: the company describing itself, not an independent finding
    Describes events of
    Public from
  • Supports the claim: OpenAI,

    paid partnerships

    Why it matters here: OpenAI says it primarily relies on public information and does not pursue paid partnerships for that information. It also describes licensed partnerships, which limit the claim to substantial unpaid use rather than all training content.

    Publisher
    OpenAI
    Kind of source
    Company disclosure: the company describing itself, not an independent finding
    Describes events of
    Public from
  • Supports the claim: The New York Times Company, filed in the Southern District of New York,

    without permission

    Why it matters here: The rights holder asserts that millions of copyrighted articles were used without permission or payment. This is a party’s filing, not a judicial finding; its authorization account is considered alongside OpenAI’s acknowledged training use and public-data policies.

    Publisher
    The New York Times Company, filed in the Southern District of New York
    Kind of source
    Regulatory filing
    Describes events of
    Public from

Where it was said (1)

Said once in the sources this register covers.

  • : Marcus on AI, What should we learn from OpenAI’s mistakes and broken promises?

    OpenAI has trained on a massive amount of copyrighted material, without consent, and in many instances without compensation.

    Published
    2024-05-26
    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-what-should-we-learn-from-openais-d7e7c0-a1.