And I say this as someone that is extremely bothered by how easily mass amounts of open content can just be vacuumed up into a training set with reckless abandon and there isn’t much you can do other than put everything you create behind some kind of authentication wall but even then it’s only a matter of time until it leaks anyway.
Pandora’s box is really open, we need to figure out how to live in a world with these systems because it’s an un winnable arms race where only bad actors will benefit from everyone else being neutered by regulation. Especially with the massive pace of open source innovation in this space.
We’re in a “mutually assured destruction” situation now, but instead of bombs the weapon is information.
If your business is profitable only when you get your raw materials for free it's not a very good business.
Suppose I research for a book that I'm writing - it doesn't matter whether I type it on a Mac, PC, or typewriter. It doesn't matter if I use the internet or the library. It doesn't matter if I use an AI powered voice-to-text keyboard or an AI assistant.
If I release a book that has a chapter which was blatantly copied from another book, I might be sued under copyright law. That doesn't mean that we should lock me out of the library, or prevent my tools from working there.
The other question, which I think is more topical to this lawsuit, is whether the company that trains and publishes the model itself is infringing, given they're making available something that is able to reproduce near-verbatim copyrighted works, even if they themselves have not directly asked the model to reproduce them.
I certainly don't have the answers, but I also don't think that simplistic arguments that the cat is already out of the bag or that AIs are analogous to humans learning from books are especially helpful, so I think it's valid and useful for these kinds of questions to be given careful legal consideration.