This is indeed not a settled question, but my point is that the answer doesn't really matter, either way. This appears to be how the world works: focus on the p

This is indeed not a settled question, but my point is that the answer doesn't really matter, either way. This appears to be how the world works: focus on the product, don't get all caught up in "silly" legal technicalities, and this is how fortunes are made. Regarding the argument, I have seen both sides argued well. The best argument that I have seen for OpenAI being at fault is in cases where gen AI outputs exact copies of copyrighted work, be they visual or text. Dall-E and GPT both need to have serious guardrails added to prevent this, as is shown by the leaked system prompts. If you can jailbrean an LLM, it happily provides the user with exact copies of copyrighted work, in some cases.