Earlier quoted context omitted.
The legality of their behavior is not currently well defined, because it's unprecedented. Fair use permits transformative works. It has yet to be decided whether LLMs and their output qualify as transformative, or even if the training is capable of infringing copyright of an individual work in the first place if they're not reproducing it. In fact, there's a good amount of evidence which indicates that fair use _does…
Note that not all jurisdictions have the concept of "fair use" (use of copyrighted material, regardless of transformation applied, is permitted in certain contexts…ish). Canada, the UK, Australia, and other jurisdictions have "fair dealing" (use of copyrighted material depends on both reason and transformation applied…ish). Other jurisdictions have neither, and only licensed uses are permitted. Because the companies…
When you speak of the "perfect reproduction" problem, are you referring to cases where LLMs have spit out code which is recognizable from source training data? I agree that that's a problem, but I expect the solution is to have a wider range of training data to allow the LLM to better "learn" the structure of what it's being trained on. With more/broader training data, the resulting output should have less chance of reproducing exactly what it was trained on _and_ potentially introduce novel methods of solving a given problem. In the meantime, it would probably be smart for some kind of test for recognizable reproduction and for the answers to be thrown out, perhaps with a link to the source material in their place.
There's also a point, however, where the same code is likely to be reproduced regardless of training. Mathematical formulas and algorithms come to mind. If there's only one good solution to a problem, even humans are likely to come up with the same code without even seeing each others output. It seems like there's a grey area here which we need to find some way to account for. Granted this is probably the exception, rather than the rule.
> It's almost as if wholesale copyright violations were the entire business model.
If I had to guess, this is probably a case where businesses are pushing something out sooner than it should have been. I find it unlikely that any business is truly basing their model on something which is so obviously illegal. I'm fully willing to believe, however, that they're willing to ignore specific instances of unintentional copyright infringement until they're forced to do something about it. I'm no corporate apologist. I just don't want to see us throw this technology away because it has problems which still need solving.