No, that is not the question nor a reasonable interpretation of it.

There’s a long history of this and you might find some helpful information in looking at “transformative use” of copyrighted materials. Google Books is a famous case where the technology company won the lawsuit.

The real problem is that LLMs constantly spit out copyrighted material verbatim. That’s not transformative. And it’s a near-impossible problem to solve while maintaining the utility. Because these things aren’t actually AI, they’re just monstrous statistical correlation databases generated from an enormous data set.

Much of the utility from them will become targeted applications where the training comes from public/owned datasets. I don’t think the copyright case is going to end well for these companies…or at least they’re going to have to gradually chisel away parts of their training data, which will have an outsized impact as more and more AI generated material finds its way into the training data sets.

You do realize that AI is just a marketing term, right? None of these models learn, have intelligence or create truly original work. As a matter of fact, if people don't continue to create original content, these models would stagnate or enter a feedback loop that would poison themselves with their own erroneous responses.

AIs don't think. They copy with extra steps.