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Paper · arXiv

Position: No Retroactive Cure for Infringement during Training

As generative AI faces intensifying legal challenges, the machine learning community has increasingly relied on post-hoc mitigation -- especially machine unlearning and inference-time guardrails -- to argue for compliance. This paper argues that such post-hoc mitigation methods cannot retroactively cure liability from unlawful acquisition and training, because compliance hinges on data lineage, not the outputs. Our argument has three parts. First, unauthorized copying/ingestion can be a legally complete completed act, and model weights may operate as fixed copies that retain training-derived expressive value, making later filtering beside the point for infringement. Second, contract and t...

AuthorsSatoru Utsunomiya, Masaru Isonuma, Junichiro Mori et al.
Primary categorycs.CR
Published20 April 2026
Last updated at source20 April 2026
cs.CRcs.AI
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