[dns_snek]

The problem with this kind of analysis is that it doesn't even try to address the reasons why copyright exists in the first place. This belief that training LLMs on content without permission should be allowed is incompatible with the belief that copyright is useful, you really have to pick a lane here.

Go back to the roots of copyright and the answers should be obvious. According to the US constitution, copyright exists "To promote the Progress of Science and useful Arts" and according to the EU, "Copyright ensures that authors, composers, artists, film makers and other creators receive recognition, payment and protection for their works. It rewards creativity and stimulates investment in the creative sector."

If I publish a book and tech companies are allowed to copy it, use it for "training", and later regurgitate the knowledge contained within to their customers then those people have no reason to buy my book. It is a market substitute even though it might not be considered such under our current copyright law. If that is allowed to happen then investment will stop and these books simply won't get written anymore.