I think it’s pretty likely that the distribution of models trained on unlicensed copyrighted works that are capable of regurgitating close matches for those works is already a copyright violation. If the fair use defense relies on the combination of the model and how you use it being sufficiently transformative, that doesn’t mean that the model itself qualifies.
I think it’s pretty likely that the distribution of models trained on unlicensed copyrighted works that are capable of regurgitating close matches for those works is already a copyright violation. If the fair use defense relies on the combination of the model and how you use it being sufficiently transformative, that doesn’t mean that the model itself qualifies.