I think a lot of people are not getting it. AI/LLMs can train on whatever they want but when then these LLMs are used for commercial reasons to make money, an argument can be made that the copyrighted material has been used in a money making endeavour.

Only in the same way that I could argue that if you’ve ever watched any of the classic Disney animated movies then anything you ever draw for the rest of your life infringes on Disney’s copyright, and if you draw anything for money then the Disney animated movies you have seen in your life have been used in a money making endeavor. This is of course ridiculous and no one would buy that argument, but when you replace a human doing it with a machine doing essentially the same thing (observing and digesting a bunch of examples of a given kind of work, and producing original works of the general kind that meet a given description) suddenly it’s different, for some nebulous reason that mostly amounts to creatives who believed their jobs could not at least in part be automated away trying to get explicit protection from their jobs being at least in part automated away.