@MissConstrue@mefi.social the US courts have been fairly consistent on this (transformative use vs. just building a competitor), but there is also the legal doctrine of substantial noninfringing uses in "Sony Corp. of America v. Universal City Studios, Inc" (the "Betamax case"). Since LLMs have far more uses than "write me a novel in the style of Steven King", the unfair competition argument won't wash against general-purpose LLMs with mostly noninfringing use cases. Then again, US (English) Common Law is so capricious and arbitrary a ruling depends mostly on what the judge had for breakfast or their ideology, not logic or consistency.