Comment by fc417fc802

It seems we are largely talking past each other.

> Physical or intellectual should not matter, it is something that belongs to someone and only that person should be allowed to decide how it gets used.

I categorically reject that position. No one has any inherent right to prevent me from imitating him. Quite the opposite - it is good and natural to imitate others. The restriction of that ability is one of the costs of modern society.

> I've argued that LLM training is derivative work, that reasoning is sound AFAICT

Depending on the working definition of "derivative work" which (as you note) has yet to be fully litigated and is also likely to vary to at least some extent between jurisdictions.

But anyhow, my central question was not "is this derivative work" but rather "ought this to be considered as such" hence my comment that we are talking past one another.