[lmm]

> If the copyrighted content is not in the training data, and I mean explicitly, and the AI produces a copyrighted output, I'd argue it's a clean room re-implementation

You can't claim it's a clean room without actually doing the legwork of making a clean room. Not including the copyrighted work verbatim isn't enough, you would need to show that the AI hadn't seen anything derived from that copyrighted work, or that it had seen only non-copyrightable pieces.