>> In the artist's opinion, OpenAI violated that license...
So? Why does the author's opinion even enter into the equation? Authors cannot claim ownership beyond the bounds of copyright. If what AI is doing qualifies as fair use, the artist cannot do anything about it. I'm sure that lots of artists would not want anyone to lampoon or criticize their work. They cannot stop such things. I'm sure lots of artists would never want anyone to ever create anything in any way similar to their work. They cannot do that either.
It is not clear that training an LLM falls under "fair use". We are then left with the license of the work, in this case that license forbids re-selling the work for a profit. It is the artist's license for their work at issue, not their opinion.
So? Why does the author's opinion even enter into the equation? Authors cannot claim ownership beyond the bounds of copyright. If what AI is doing qualifies as fair use, the artist cannot do anything about it. I'm sure that lots of artists would not want anyone to lampoon or criticize their work. They cannot stop such things. I'm sure lots of artists would never want anyone to ever create anything in any way similar to their work. They cannot do that either.