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OpenAI claims it is "impossible" to create AI tools like ChatGPT without copyrighted material.

That's a lie.

Sure, it might be *expensive* to create them, perhaps even prohibitively so for their particular financial situation, because they need to legally acquire said copyrighted materials.

But it is not at all "impossible".

Just like the rest of us, if you can't figure out how to pay for it, you can't just steal it, even if you're planning on making something useful with it.