mlsanityData to 7 Oct 2026

Position: No Retroactive Cure for Infringement during Training

arXiv 2604.18649 ↗First posted 20 Apr 2026cs.CR cs.AIcited by 0

On the map: LLM safety and security → Machine unlearning

Abstract (arXiv)

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 tort/unfair-competition rules -- via licenses, terms of service, and anti-free-riding principles -- can independently restrict access and use, often bypassing copyright defenses (e.g., fair use or TDM exceptions). Third, since value from protected inputs can persist in weights, remedies such as unjust enrichment and disgorgement may require stripping gains and, in some cases, reaching the model itself. We therefore argue for a shift from Post-Hoc Sanitization to verifiable Ex-Ante Process Compliance.

Key facts. No citing papers in the map yet (data through 7 Oct 2026). Placed in Machine unlearning, one of 12 directions in LLM safety and security. Builds on 10 of its 42 references that are in the map. First posted on arXiv 20 Apr 2026.

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10 of 42 references.

Closest ancestors · 2

Same direction, newest first

  1. 2023Who's Harry Potter? Approximate Unlearning in LLMs3 Oct
  2. 2022Knowledge Unlearning for Mitigating Privacy Risks in Language Models4 Oct

Other references · 8

  1. 2020Language Models are Few-Shot Learnerscited by 32,199
  2. 2022Constitutional AI: Harmlessness from AI Feedbackcited by 2,950
  3. 2022Locating and Editing Factual Associations in GPTcited by 2,609
  4. 2023Llama Guard: LLM-based Input-Output Safeguard for Human-AI Conversationscited by 1,124
  5. 2019Machine Unlearningcited by 1,020
  6. 2023Extracting Training Data from Diffusion Modelscited by 723
  7. 2019Data Shapley: Equitable Valuation of Data for Machine Learningcited by 617
  8. 2023The Curse of Recursion: Training on Generated Data Makes Models Forgetcited by 343

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