So they had a copy, then used it to produce a product that made money, but didn't pay royalties for the use of the copy. I guess AIs best defense is that, yeah

So they had a copy, then used it to produce a product that made money, but didn't pay royalties for the use of the copy. I guess AIs best defense is that, yeah they obtained copies without paying, but it wasn't a "performance" or otherwise distribution of copyright material. The infringement was done internally. (God this irony is not lost on me: "hey gpt, what's the best argument to make for the $X-circuit court to persuade Judge $Y that we are not infringing on claim $Z under statute $W?")