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@cwebber @fay Right. If you are OpenAI/Anthropic/XAI/et al, the ideal outcome of everything for you is

• Models are definitively derivative works without fair use exemption, because then all models will be closed and everyone will be forced to pay you to use theirs.
• Outputs can be (but are not necessarily) derivative works, because you can do deals with the people most likely to sue and with the information brokers you purchase training data from

I think we all prefer a world where, if you want to use a model (LLM or otherwise; I’m sure we’ll see better systems than LLMs evolve over time), you have the choice of running it on your own hardware, where all your inputs and outputs can be private and not exposed to a handful of massive corporations.