Beyond Public Access in LLM Pre-Training Data

Frontier LLM companies have repeatedly assured courts and regulators that their models do not store copies of training data. They further rely on safety alignment strategies via RLHF, system prompts, and output filters to block verbatim regurgitation of copyrighted works, and have cited the efficacy of these measures in their legal defenses against copyright infringement claims. We show that finetuning bypasses these protections: by training models to expand plot summaries into full text, a task naturally suited for commercial writing assistants, we cause GPT-4o, Gemini-2.5-Pro, and DeepSeek-V3.1 to reproduce up to 85-90% of held-out copyrighted books, with single verbatim spans exceeding 460 words, using only semantic descriptions as prompts and no actual book text. This extraction generalizes across authors: finetuning exclusively on Haruki Murakami's novels unlocks verbatim recall of copyrighted books from over 30 unrelated authors. The effect is not specific to any training author or corpus: random author pairs and public-domain finetuning data produce comparable extraction, while finetuning on synthetic text yields far little extraction, indicating that finetuning on individual authors' works reactivates latent memorization from pretraining. Three models from different providers memorize the same books in the same regions ($r \ge 0.90$), pointing to an industry-wide vulnerability. Our findings offer compelling evidence that model weights store copies of copyrighted works and that the security failures that manifest after finetuning on individual authors' works undermine a key premise of recent fair use rulings, where courts have conditioned favorable outcomes on the adequacy of measures preventing reproduction of protected expression.

Pretraining is fundamental to the development of Large Language Models (LLMs), yet the opacity of pretraining data complicates model analysis and raises ethical, legal, and fairness concerns. Detecting whether specific datasets were used during pretraining is, therefore, critical. Existing state-of-the-art methods typically rely on access to model probability distributions, making them unsuitable for closed-source LLMs that provide only input-output interfaces. To address this limitation, we introduce Masked Corpus-level Pretraining Data Detection (MC-PDD), a novel method inspired by the masked language modeling paradigm. MC-PDD masks highly specific tokens in each text and prompts the LLM to predict the missing content. It then assesses whether the difference in prediction hit rates between a candidate corpus and a reference non-member corpus is statistically significant. Based on this comparison, MC-PDD determines whether the candidate texts were likely included in the model's pretraining data. Experimental results demonstrate clear and consistent differences in prediction hit rates between pretrained and unseen data across three datasets, for both open-source and closed-source LLMs. Despite operating under a stricter black-box setting, MC-PDD achieves performance comparable to existing detection methods. Our approach enables practical applications such as model auditing and data copyright verification using only standard API access. Upon acceptance, we will publicly release the code and datasets.

Pre-training data detection for LLMs is essential for addressing copyright concerns and mitigating benchmark contamination. Existing methods mainly focus on the likelihood-based statistical features or heuristic signals before and after fine-tuning, but the former are susceptible to word frequency bias in corpora, and the latter strongly depend on the similarity of fine-tuning data. From an optimization perspective, we observe that during training, samples transition from unfamiliar to familiar in a manner reflected by systematic differences in gradient behavior. Familiar samples exhibit smaller update magnitudes, distinct update locations in model components, and more sharply activated neurons. Based on this insight, we propose GDS, a method that identifies pre-training data by probing Gradient Deviation Scores of target samples. Specifically, we first represent each sample using gradient profiles that capture the magnitude, location, and concentration of parameter updates across FFN and Attention modules, revealing consistent distinctions between member and non-member data. These features are then fed into a lightweight classifier to perform binary membership inference. Experiments on five public datasets show that GDS achieves state-of-the-art performance with significantly improved cross-dataset transferability over strong baselines. Further interpretability analyses reveal differences in gradient distributions, and the semi-supervised results offer a practical way to detect pre-training data.