I wonder if they can say something like “we aren’t scraping your protected content, we are merely scraping this old model we don’t maintain anymore and it happened to have protected content in it from before the ruling” then you’ve essentially won all of humanities output, as you can already scrape the new primary information (scientific articles and other datasets designed for researchers to freely access) and whatever junk outputted by the content mills is just going to be a poor summarizations of that primary information.

Other factors that help this effort of an old model + new public facing data being complete, are the idea that other forms of media like storytelling and music have already converged onto certain prevailing patters. For stories we expect a certain style of plot development and complain when its missing or not as we expect. For music most anything being listened to is lyrics no one is deeply reading into put over the same old chord progressions we’ve always had. For art there are just too few of us who are actually going out of our way to get familiar with novel art vs the vast bulk of the worlds present day artistic effort which goes towards product advertisement, which once again follows certain patterns people have been publishing in psychological journals for decades now.

In a sense we’ve already put out enough data and made enough of our world formulaic to the point where I believe we’ve set up for a perfect singularity already in terms of what can be generated for the average person who looks at a screen today. And because of that I think even a lack of any new training on such content wouldn’t hurt openai at all.