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Comment by jefftk
This is a big dispute right now: OpenAI and other AI companies generally take the position that models learning from data does not make the output of the models a derivative work of that data. For example, GitHub Co-pilot uses all publicly available GitHub code regardless of license, and DALLE-2/StableDiffusion/etc use lots of non-free images. I don't think this has been challenged in court yet, and I'm very curious to see what happens when it is.