> Even ignoring the fact that programmatic access to translation seems to require payment, or that its parent company is doing the scraping (similar to how one would use CommonCrawl instead of doing the scraping themselves), I am actually in favor of taking in to account the intent behind it.

Does intent matter for the purposes of interpreting the laws here? I'm not criticizing your point, I'm genuinely curious if that matters (outside the context of fair use). I can certainly think of valid use cases that would not be considered fair use.

> The thing that I don't like, is the highly asymmetrical situation we're in with generative AI: because the result (the trained model) is not publicly accessible like a significant part of the content it was trained on; they only release a very limited interface to it.

I'm not sure that I agree with this one, given that most serious LLMs are free or very low cost to use, and in llama and phi-3's case pretty much just given away. Not a small gesture given the substantial expenses required to provide free access to some of these models.