[woodruffw]

All of this can be true (I don’t think it necessarily is, but for the sake of argument), but it’s legally irrelevant: the court is not going to decide copyright infringement cases based on geopolitical doctrines.

Courts don’t decide cases based on whether infringement can occur again, they decide them based on the individual facts of the case. Or equivalently: the fact that someone will be murdered in the future does not imply that your local DA should not try their current murder cases.

[skwirl]

The issue here is that the case law is not settled at all and there is no clear consensus on whether OpenAI is violating any copyright laws. In novel cases like this where the courts essentially have to invent new legal doctrines, I think the implications of the decision carries a tremendous amount of weight with the judges and justices who have to make that decision.