Only (?) in America. In the EU, scraping is legal by default unless explicitly opted out with machine-readable instructions like robots.txt. That covers "training input". For training output, the rule is: "if the output is unrecognizable to the input, the license of the input does not matter" (otherwise, any project X could sue project Y for copyright infringement even if the projects only barely resemble each other). The cases where companies actually got sued were where the output was a direct copy or repetition of the input, even if an LLM was involved.
There is, however, a larger philosophical divide between the US and the EU based on history and religion. The US philosophy is highly individualistic, capitalistic, and considers "first-order principles." Copyright is a "property right": "I own this string of bits, you used them, therefore you owe me" (principle of absolute ownership).
Continental philosophy is more social and considers "second-order / causal effects." Copyright is a "personality right" that exists within a social ecosystem. The focus is on the effect of the action rather than a singular principle like "intellectual property." If the new code provides a secondary benefit to society and doesn't "hurt" the original creator's unique intellectual stamp, the law is inclined to view it as a new work.
In terms of legal sociology, America and Britain are more "individual-property-atomistic" thanks to their Protestant heritage, focusing on the rights of the individual (sola me, and my property, and God). Meanwhile, Europe was, at least to a large part, Catholic (esp. France), which focuses more on works, results, and effects on society to determine morality. While the states are officially secular, the heritage of this echoes in different definitions of what is considered "legal" or "moral", depending on which side of the ocean you are on.
We can debate if this law is moral. Like the GP I took agree public data in -> public domain out is what's right for society. Copyright as an artificial concept has gone on for long enough.
I don't think so. It is no where "limited use". Entirety of the source code is ingested for training the model. In other words, it meets the bar of "heart of the work" being used for training. There are other factors as well, such as not harming owner's ability to profit from original work.
Both Meta and Anthropic were vindicated for their use. Only for Anthropic was their fine for not buying upfront.
> Instead, it was a fair use because all Anthropic did was replace the print copies it had purchased for its central library with more convenient space-saving and searchable digital copies for its central library — without adding new copies, creating new works, or redistributing existing copies. [0]
It was only fair use, where they already had a license to the information at hand.
[0] https://storage.courtlistener.com/recap/gov.uscourts.cand.43...
You're holding out for some grace on this from the wrong venue. The right avenue would be lobbying for new laws to regulate and use LLMs, not try to find shelter in an archaic and increasingly irrelevant bit of legalese.