Artists are trained on prior copyrighted works. Musicians are trained on prior copyrighted works. Authors are trained on prior copyrighted works.
ChatGPT is trained on prior copyrighted works. And yet ChatGPT (and not artists nor musicians) is infringing?
ChatGPT generates summaries of Plaintiffs' copyrighted works -- something only possible if ChatGPT was trained on Plaintiffs' copyrighted works.
A reviewer can generate a summary of Plaintiff's copyrighted works, only if the reviewer was trained on Plaintiff's copyrighted works.
From the suit:
57. Because the OpenAI Language Models cannot function without the expressive information extracted from Plaintiffs' works (and others) and retained inside them, the OpenAI Language Models are themselves infringing derivative works, made without Plaintiffs' permission and in violation of their exclusive rights under the Copyright Act.
There's the core of the suit: They want the court to declare that the language models trained on the plaintiff's works are infringing regardless of whether the result resembles the plaintiff's work, regardless of whether the result is transformative, and regardless of whether the material was originally gathered legally.
Emphasis: the suit doesn't distinguish HOW the material was gathered, only that the language models somehow make use of it, and didn't ask permission first. They want to declare that regardless of anything else, said permission is required.