Even if they win against openAI, how would this prevent something like a Chinese or Russian LLM from “stealing” their content and making their own superior LLM that isnt weakened by regulation like the ones in the United States. And I say this as someone that is extremely bothered by how easily mass amounts of open content can just be vacuumed up into a training set with reckless abandon and there isn’t much you can…
Courts don’t decide cases based on whether infringement can occur again, they decide them based on the individual facts of the case. Or equivalently: the fact that someone will be murdered in the future does not imply that your local DA should not try their current murder cases.