Sounds like a reasonable guideline to me. Even for open source models, you can add a license term that requires users of the open source model to take "appropriate measures to avoid the repeated generation of output that is identical or recognisably similar to protected works"
This is European law, not US. Reasonable means reasonable and judges here are expected to weigh each side's interests and come to a conclusion. Not just a literal interpretation of the law.
This is European law, not US. Reasonable means reasonable and judges here are expected to weigh each side's interests and come to a conclusion. Not just a literal interpretation of the law.