Let’s differentiate between:
1) a user-agent which makes an authenticated and authorized request for data, and delivers to the user
2) a user who then turns around and distributes the data or its derivatives to users in an unauthorized manner
A “dumber” example would be whether I can indefinitely cache and index most of information via the Google Places API, as long as my users request each item at least once. Can I duplicate all that map or streetview photo information that google paid cars to go around and photograph? Or how about the info that Google users entered as user-generated content?
THE REQUIREMENT TO OPEN SOURCE WEIGHTS
Legally, if I had a Creative Commons Share-Alike license on my data, and the LLM was trained on it and then served unlimited requests to others, without making the weights available…
…that would be almost exactly like if I had made my code available with Affero GPL license, someone would take my code but then incorporated it into a backend software hosting a social network or something, without making their own entire social network source code available. Technically this should be enforceable via a court order compelling the open sourcing to the public. (Alternatively, they’d have to pay damages in a class action lawsuit and stop using the tainted backend software or weights when serving all those people.)
TECHNICAL ANALYSIS
The key, as many here have missed, is authentication and authorization. You may have authorization to log in and view movies on Netflix. Not to rebroadcast them. Even the question of a VCR for personal use was debated in the past.
Distributing your scripts and software to process data is not the same as distributing arbitrary data the user agent found on the internet for which you don’t have a license.
If someone wrote an article, your reader transforms it based on your authenticated request, and your user would have an authorized subscription.
LEGAL ANALYSIS
Much of the content published on the Web isn’t secured with subscriptions and micropayments, which is why the whole thing becomes a legal battle as silly as “exceeding authorized access” which landed someone like Aaron Swartz in jail.
In other words, it is the question of “piracy”, which has acquired a new character only in that the AI is trained on your data and transforms it before it republishes it.
There was also a lawsuit aboot scraping LinkedIn, which was settled as follows: https://natlawreview.com/article/hiq-and-linkedin-reach-prop...
Legally, you can grant access to people subject to a certain license (eg Creative Commons Share Alike) and then any derived content must have its weights opened. Similar to, say, Affero GPL license for derivative software.