Earlier quoted context omitted.
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We are talking about the rights of the humans training the models and the humans using the models to create new things. Copyright only comes into play on publication. It's only concerned about publication of the models and publication of works. The machine itself doesn't have agency to publish anything at this point.
>> The fatal flaw in your reasoning: machines aren't humans. You can't reason that a machine has rights from the fact a human has them. Otherwise it's murder to recycle a car.
> We are talking about the rights of the humans training the models and the humans using the models to create new things.
Then that's even easier, because that prevents appeals to things humans do, like learning, from muddying the waters.
If "training the models" entails loading up copyrighted works into your system (e.g. encoded them during training), you've just copied them into a retrieval system and violated copyright based on established precedent. And people have prompted verbatim copyrighted text out of well-known LLMs, which makes it even clearer.
And then to defend LLM training you're left with BS akin to claiming an ASCII encoded copy of a book not a copyright violation, because the book is paper and ASCII is numbers.