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

“They do not inform users when they do so.”

Things are about to get a lot worse for Generative AI, paragraph 21. The full statement is at the source.

Our reading, the sentence that was checked:

Generative AI systems do not inform users when they produce infringing material.

Assessment: Unresolved Evidence as of

Where and when Gary Marcus wrote it

Marcus on AI, Things are about to get a lot worse for Generative AI, paragraph 21.

Said
Source observed
live page, full text, public
Evidence as of
the cutoff for this assessment
Assessment recorded
assessment marcus-things-are-about-to-get-a-lot-worse-fe79c3-a2

We recorded 14 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 2023-12-29. 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

  • They do not inform users
  • when they do so

Our interpretation

  • The antecedent is generating copyright-infringing material.
  • In context, the systems are ChatGPT and DALL-E, including DALL-E accessed through Bing.
  • Informing means an output-specific notice about infringement. General terms, source citations and refusals before delivery are different.
  • The ongoing product behavior is assessed in the latest calendar quarter through December 29, 2023.

Counts as supported if: Contemporary output and interface records establish delivery of infringing material without an accompanying infringement notice, with enough coverage to support the described product behavior.

Counts as contradicted if: Contemporary records show the systems notifying users that delivered material infringes copyright.

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

The Times exhibit filed on December 27, 2023 shows reproduced article text without an infringement notice in the displayed Example 1 completion [e1]. It does not preserve the complete interface or establish that the output legally infringed copyright [e1]. OpenAI's October 19, 2023 documentation describes checks before images reach users, but does not establish whether delivered infringing images carried notices [e2]. These records cannot settle the claimed behavior across ChatGPT, DALL-E and Bing during October 1–December 29, 2023 [e1, e2].

Limitations

  • The displayed completion cannot establish the absence of notices elsewhere in the interface [e1].
  • The exhibit does not establish infringement or product behavior across all the systems covered by the claim [e1].
  • Pre-delivery safety checks do not establish the presence or absence of output-specific infringement notices [e2].

Evidence (2 items)

  • Context only: The New York Times Company; court exhibit hosted by Sunstein,

    Each example focuses on a single news article.

    Why it matters here: The displayed completion in Example 1 contains reproduced article text without an infringement notice in the displayed output. The exhibit does not preserve every interface element or establish the legal status of the output.

    Publisher
    The New York Times Company; court exhibit hosted by Sunstein
    Kind of source
    Regulatory filing
    Describes events of
    Public from
  • Context only: OpenAI,

    Safety checks

    Why it matters here: OpenAI documents pre-delivery checks and restrictions. Those safeguards neither establish nor disprove an infringement notice accompanying material that passes the checks.

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

What would settle it

Complete interaction and interface records from October 1–December 29, 2023, paired with an established legal basis for infringement, showing whether delivered outputs carried infringement notices and providing sufficient coverage of the named products.

Where it was said (1)

Said once in the sources this register covers.

  • : Marcus on AI, Things are about to get a lot worse for Generative AI

    They do not inform users when they do so.

    Published
    2023-12-29
    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-things-are-about-to-get-a-lot-worse-fe79c3-a2.