@whvholst @pettter I won't argue with either here, you're the lawyer. ?
That said, I find it fundamentally wrong that a couple of decades ago DJs and rap musicians got hit hard by "you sample, you license" decisions, while OpenAI and Microsoft sampling copyrighted works, remixing them, and benefiting from them without giving so much as credit and acknowledgement (let alone licensing fees!) to the creative folk who created them, might get off scot-free.
But that's hardly a legal argument.