You make a good argument. The sad thing is that I could see this might put an end to open models while still allowing big tech to host them. Because creation o

You make a good argument. The sad thing is that I could see this might put an end to open models while still allowing big tech to host them. Because creation of a derivative work isn't a problem itself, it only infringes at the point / time of distribution, which is the whole point of open models. But big tech could probably argue that their training of a private model doesn't infringe per se, and it is then the users who then create prompts that cause the regurgitation to occur that hit the tripwire of triggering copyright. Presumably, big tech can solve that, either with terms of use (telling the user it's their responsibility / liability) or YouTube style where a Content ID like system skewers anything that it can't prove isn't infringing before it gets to the user.