Consider the net effect and the answer is clear. When these models are properly "trained", are people going to look for the book or a derivative of it, with proper attribution?

Or is the LLM going to regurgitate the same content with zero attribution, and shift all the traffic away from the original work?

When viewed in this frame, it is obvious that the work is derivative and then some.

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limagnolia 25 minutes ago | parent [-]

That is your opinion, but the judge disagreed with you. The decision may have been overturned on appeal, but as it stands, in that courtroom, the training was fair use.

	▲	seba_dos1 3 minutes ago \| parent \| next [-]
		I can memorize a song and it will be fair use too, but it won't be anymore once I start performing it publicly. Training itself is quite obviously fair use, what matters is what happens next.
	▲	integralid 5 minutes ago \| parent \| prev [-]
		This is also, unfortunately, the only way this can be settled. Making LLM output legally a derivative work would murder the AI golden rush and nobody wants that