>question is still very much up in the air
It is not up in the air at all. It's completely transformative.
Last time I checked, there are still undecided cases wrt fair use. Sure, it’s looking favorable for LLM training, but it’s definitely still up in the air.
> it’s completely transformative
IANAL, but apparently hinges on how the training material is acquired
1. It's decided by courts in US. Courts in US currently are very friendly to big tech. At this point if they deny this and say something that undermines this industry it's going to be a big economic blow, the country is way over-invested in this tech and its infrastructure.
2. "Transformative means fair" is the old idea from pre-LLM world. That's a different world. Now those IP laws are obsolete and need to be significantly updated.