Those claiming AI training on copyrighted works is "theft" misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they're extracting general patterns and concepts - the "Bob Dylan-ness" or "Hemingway-ness" - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in "vector space". When generating new content, the AI isn't recreating copyrighted works, but producing new expressions inspired by the concepts it's learned.
This is fundamentally different from copying a book or song. It's more like the long-standing artistic tradition of being influenced by others' work. The law has always recognized that ideas themselves can't be owned - only particular expressions of them.
Moreover, there's precedent for this kind of use being considered "transformative" and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it's understandable that creators feel uneasy about this new technology, labeling it "theft" is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn't make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
The problem with your argument is that it is 100% possible to get ChatGPT to produce verbatim extracts of copyrighted works. This has been suppressed by OpenAI in a rather brute force kind of way, by prohibiting the prompts that have been found so far to do this (e.g. the infamous "poetry poetry poetry..." ad infinitum hack), but the possibility is still there, no matter how much they try to plaster over it. In fact there are some people, much smarter than me, who see technical similarities between compression technology and the process of training an LLM, calling it a "blurry JPEG of the Internet"... the point being, you wouldn't allow distribution of a copyrighted book just because you compressed it in a ZIP file first.
Equating LLMs with compression doesn't make sense. Model sizes are larger than their training sets. if it requires "hacking" to extract text of sufficient length to break copyright, and the platform is doing everything they can to prevent it, that just makes them like every platform. I can download © material from YouTube (or wherever) all day long.
They're absolutely not doing everything they can. Everything they can would be to not use the works. They're doing as much as they're willing to do. If it wasn't for the threat of lawsuits they wouldn't even be doing that much.
How do you imagine those works are used?