The open source problem argues for a modification of licenses to exclude certain uncompensated use in training commercial LLMs (which may arguably already be a violation).
With careful prompting, LLMs will give up some of their sources and methods. Claude describes the legally and ethically suspect methods Anthropic used acquiring training materials for its models.
The IP law and courts are starting to catch up (re: Anthropic settlement September 2025), but licensing language and enforcement has not.