You can't change the law with a license agreement and redefine what constitutes a derivative work. If that was possible, people could have done it pre-LLMs.
also how would you prove it was in the training set? re: your last sentence, the licensed work wasn't in the input in the chardet example ("no access to the old source tree")
also how would you prove it was in the training set? re: your last sentence, the licensed work wasn't in the input in the chardet example ("no access to the old source tree")