An argument can be made that developing an LLM or running an LLM for personal use (or academic research, etc.) could be fair. Making money off of it by selling

An argument can be made that developing an LLM or running an LLM for personal use (or academic research, etc.) could be fair. Making money off of it by selling access to an LLM based on copyrighted works (whether the LLM is open or not) isn’t. If I use BT to download a music album I have bought off Bandcamp after Bandcamp goes out of business, that should be fair. If I set up a business that makes money by helping people download whatever albums they want, not caring whether they paid for them, that is obviously illegal. This leads to my position on derivative models, if they are based on models that themselves are trained on copyrighted works without proper licensing.