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Authors' fact statement quotes OpenAI messages on LibGen from 2019 to 2022, and says Microsoft knew before GPT-3 was released
The class plaintiffs' statement of facts, filed with their summary judgment motion, sets out a dated account of OpenAI's LibGen use, citing documents and depositions. It says a researcher downloaded about 117,000 books in late 2018; that in early 2019 OpenAI's then general counsel suggested free book downloads from LibGen; that two employees torrented about 35 TB from September 2019 to January 2020, with a to-do list calling for zero uploading; and that the resulting sets were named Books1 and Books2 in the GPT-3 paper. It quotes internal notes from August 2019: "We trained GPT-3 on pirated stuff! No sharing that!" It says an executive wrote in June 2022 that it was time to remove LibGen from OpenAI's systems, and that the general counsel renamed the chat channel for that work. As to Microsoft, it quotes a corporate witness that Microsoft knew before GPT-3's release that LibGen was used. OpenAI and Microsoft dispute the legal significance; their responses are pending. This is the plaintiffs' statement.
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