It's hard to imagine what kind of contortions someone would have to go through to come to this conclusion.

Not one word of copyright length, which is now effectively over a century long. Not one word of some of the most successful AI models being open source.

Commons encirclement, as the author is describing, has been happening since source code was labelled art instead of engineering and since lobbying efforts have been extending copyright terms. My view is that AI technology are trampling over the encirclement, which is why so many people are upset.