[bhickey]

This analogy doesn't work. Fair use is an affirmative defense to copyright infringement claims. Entities that are training models largely claim that their uses are transformative and fall under fair use. Creative Commons, among others, agrees with this position. [0] If they're right, it simply doesn't matter what license a copyright holder is offering.

There are competing legal theories and no one can say how courts are going to rule on these issues. Smart lawyers who work on copyright and AI don't know. Technologists certainly don't know.

[0] https://creativecommons.org/2023/02/17/fair-use-training-gen...

[yokem55]

Then there is the argument that the rules around fair use aren't even reached because the training of the model doesn't even do anything that requires a fair use exemption.