This must be why all of these copyright plaintiffs are having tremendous days in court! If even half of this were correct, they wouldn’t be losing in summary judgment.

We have yet to see a single judgment come down against a model maker for distributing the gist of content. We have yet to see a single judgment come down against a model maker for infringement at all.

Copyright is just an inapt tool here. It’s not going to do the job. It is not as though big interests have not tried to use this tool. It just doesn’t reflect what’s actually happening and it’s going to lose again and again.

We can imagine a theoretical legal regime where what is done with large language models counts as copyright infringement, we just don’t live in a world where that regime holds.