Mark Lemley

Recent work shows that standard greedy-decoding extraction methods for quantifying memorization in LLMs miss how extraction risk varies across sequences. Probabilistic extraction--computing the probability of generating a target suffix given a prefix under a decoding scheme--addresses this, but is tractable only for verbatim memorization, missing near-verbatim instances that pose similar privacy and copyright risks. Quantifying near-verbatim extraction risk is expensive: the set of near-verbatim suffixes is combinatorially large, and reliable Monte Carlo (MC) estimation can require ~100,000 samples per sequence. To mitigate this cost, we introduce decoding-constrained beam search, which yields deterministic lower bounds on near-verbatim extraction risk at a cost comparable to ~20 MC samples per sequence. Across experiments, our approach surfaces information invisible to verbatim methods: many more extractable sequences, substantially larger per-sequence extraction mass, and patterns in how near-verbatim extraction risk manifests across model sizes and types of text.

Plaintiffs and defendants in copyright lawsuits make sweeping, opposing claims about the extent to which large language models (LLMs) memorize protected expression from books in their training data. We show that these polarized positions dramatically oversimplify the relationship between memorization and copyright. To do so, we develop a technique to measure memorization of books, which we apply to 200 books and 14 open-weight LLMs. Through over 3000 experiments, we show that memorization varies both by model and book. While we find that most LLMs do not memorize most books either in whole or in part, there are notable exceptions. Llama 3.1 70B entirely memorizes some books, like Harry Potter and the Sorcerer's Stone; memorization is so extensive that one can deterministically extract the whole book almost verbatim using the book's first few words as an initial prompt. We discuss why our results have significant implications for copyright cases, though not ones that unambiguously favor either side.