Earlier quoted context omitted.
Aren't they claiming that it's fair use? IANAL, but wouldn't that make the licence irrelevant if training AI/ML models was found to be fair use? And if not, it's a licence violation anyway?
It will be difficult to claim fair use if training AI model is explicitly mentioned in the license, I think. Currently GPL says: > To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work. > A "covered work" means…
Fair use is a statutory right (codifying what courts had 0reviously found to be an aspect of Constitutional free expression rights limiting the copyright power) that limits the exclusive rights of copyright owners. It can't be reduced in scope by license terms, because it deals with what the owner has no right to control in the first place.
(You may be confusing “fair use” with “implied license”, and, yes, explicit license terms would be a powerful argument against an implied license argument.)