With LLMs we have an aspect of a text corpus that the creators were not using (the language patterns) and had no plans for or even idea that it could be used, and then when someone comes along and uses it, not to reproduce anything but to provide minute iterative feedback in training, they run in to try and extract some money. It's parasitism. It doesn't benefit society, it only benefits the troll, there is no reason courts should enforce it.
Someone should try and show that a NYT article can be generated autoregressively and argue it's therefore not copyrightable.