Ultimately losing a case like this might be better for super large players like Microsoft in the long run: they'll staple blanket permissions (and maybe even in

Ultimately losing a case like this might be better for super large players like Microsoft in the long run: they'll staple blanket permissions (and maybe even indemnities for third party code you submit) in the terms of service and go ahead training their own proprietary models. But players from startups to open source projects that lack market power will then face an impossible moat if they want to develop their own similar models.