[surfacedetail]

Derivative work has a specific meaning in copyright law, there has to be something in the output, and that's not the case here. Otherwise every single owner of 5 billion images could sue you for your "cat at a cafe" midjourney picture.

Judge Orrick in one of the US cases already called this idea 'nonsense", his words.

[Retric]

Not all outputs are at issue here, but if ANY output is copyright infringement they have problems.

Specific and clear examples of derivative works are shown therefore both those exact examples and the underlying neural network must be a derivative work.