Not trying to express an opinion on the legal matter, but as a technical matter it's pretty obvious that LLMs create copies of (some of) their training data. Here's GPT-3.5 reciting the Declaration of Independence: https://chat.openai.com/share/eb30c373-7fec-4280-892d-479567... Unless you're claiming that GPT-3.5 is deriving the Declaration of Independence (from information about the founding fathers?) I don't see ho…
You don't need to even read their law to know that they are speaking only of training and not of output. Otherwise, they would have just suddenly created the world's most obvious loophole. Create an 'LLM' that "trains" on some input and then categorically outputs each file, be it a movie, song, book, or whatever. You've now legalized copyright infringement (and distribution) of everything. So their law is going to es…
Is that a violation of copyright? I'm not a lawyer but I think copyright legislation is about forbidding the production of "derived works". If you just record something but never play it back it is not a "derived work" is it? It only becomes a violation if you distribute it, make it available to others, and thus "produce a derived work".
So training an LLM is like recording. But if you use it as a means to distribute copies of copyrighted material without approval of its copyright holders then you are in violation.