Do they? Isn’t the application of the license its enforcement?
It’s illegal to commit fraud or murder, but if you do it and suffer no consequences (perhaps you even get pardoned by your president), does it matter that it was illegal? Laws are as strong as their enforcement.
For a less grim and more explicit example, Apple has a policy on the iOS App Store that apps may not use notifications to advertise. Yet it happens all the time, especially from big players like Uber. Apple themselves have done it too. So if you’re a bad actor and disrespectful to your users, does it matter that the rule exists?
Licenses determine the outcome of copyright lawsuits. If there's no copyright lawsuit, nobody looks at the license.
Licenses determine whether a copyright lawsuit is likely to happen. Most entities won't sue you if they expect to lose. But they are not the only deciding factor. Some entities never sue, which means you don't have to follow their licenses.
Sometimes they don't sue because they don't think they can prove you infringed copyright, even if you did. Even if AI is found to be copyright infringement in general, that won't mean every output is a copyright infringement of every input. Writing C code wouldn't be copyright infringement of Harry Potter. The entity suing you would still have to prove that you infringed.
No? Licenses still apply even if you _don't_ get sued?
Do they? Isn’t the application of the license its enforcement?
It’s illegal to commit fraud or murder, but if you do it and suffer no consequences (perhaps you even get pardoned by your president), does it matter that it was illegal? Laws are as strong as their enforcement.
For a less grim and more explicit example, Apple has a policy on the iOS App Store that apps may not use notifications to advertise. Yet it happens all the time, especially from big players like Uber. Apple themselves have done it too. So if you’re a bad actor and disrespectful to your users, does it matter that the rule exists?
Licenses determine the outcome of copyright lawsuits. If there's no copyright lawsuit, nobody looks at the license.
Licenses determine whether a copyright lawsuit is likely to happen. Most entities won't sue you if they expect to lose. But they are not the only deciding factor. Some entities never sue, which means you don't have to follow their licenses.
Sometimes they don't sue because they don't think they can prove you infringed copyright, even if you did. Even if AI is found to be copyright infringement in general, that won't mean every output is a copyright infringement of every input. Writing C code wouldn't be copyright infringement of Harry Potter. The entity suing you would still have to prove that you infringed.
At what time in the future does this not become an issue?
If you're a big enough target, that is inevitable.
You may become a big enough target only when it's too late to undo it.