Earlier quoted context omitted.
Courts have already set a precedent on this (it's fair use) and even if these decisions were overturned, the liability would fall on the LLM creators for the initial training, not on their users. The outputs would keep being treated individually on their own merits.
I believe there are still ongoing lawsuits on this in various places, I don't believe it's fully settled law - though, as I mentioned in my post, I also don't expect there is any realistic chance for the courts to simply shut down a trillion dollar industry, as such a decision likely would. I do believe though that, if the LLMs were found to be derivative works of their training set, it would follow almost directly t…
I doubt so. Let's say Harry Potter is in the training set and you ask the LLM to generate a quick sort function in C, is that quick sort function a derivative of Harry Potter? What if you ask the LLM to output some known public domain work? That leads to a contradiction where according to one definition, the work is public domain and according to the other, it is a derivative of Harry Potter. It seems to me that there's no other option but to consider each output on its own merit.