Beyond Public Access in LLM Pre-Training Data

Abstract

Using a legally obtained dataset of 34 copyrighted O'Reilly Media books, we apply the DE-COP membership inference attack method to investigate whether OpenAI's large language models show recognition of copyrighted content. Our results based on this small sample suggest that GPT-4o, OpenAI's more recent and capable model, exhibits patterns consistent with recognition of pay-walled book content, with an AUROC score of 0.82 (95% bootstrapped CI: 0.60-0.96), though this wide confidence interval reflects substantial uncertainty due to the limited number of books tested. GPT-4o Mini, as a much smaller model, shows little recognition of any O'Reilly Media content with an AUROC score of 0.56 (0.28-0.83) for non-public data. Testing multiple models, with the same cutoff date, provides a partial control for potential language shifts over time that might bias our findings, though differences in model size, architecture, and potentially training data composition limit the strength of this control. These preliminary results underscore the importance of increased corporate transparency regarding pre-training data sources and the development of formal licensing frameworks for AI content training. Our principal contribution is our examination of public and non public data separately.