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30/11/2025 - High-Entropy Works: Why AI Cannot Generalize Originality (Germany)

argument: Notizie/News - Intellectual Property Law

Source: Digital Watch Observatory

Digital Watch Observatory provides an in-depth analysis of the landmark ruling by the Munich Regional Court I (November 11, 2025) against OpenAI, focusing on the intersection of legal theory and the technical nature of creativity. The article highlights the court's rejection of OpenAI's defense that its models merely "predict" text; instead, the judges established that when AI systems encounter "high-entropy" or highly original works—like complex song lyrics—they are forced to "memorize" and store the data internally because such unique content cannot be reproduced through statistical generalization alone.

This finding has profound implications for the "technological neutrality" of copyright law in the EU, affirming that unauthorized reproduction is an infringement regardless of whether the medium is vinyl, MP3, or a vector space parameter. The analysis, referencing legal expert Anita Lamprecht, suggests that AI models are not passive tools but "active presenters" of content. The ruling indicates that future regulation may need to penetrate the "black box" of AI architectures, as the inherent necessity of memorizing creative works for training purposes does not exempt developers from liability under current text and data mining exceptions.