Makes sense. Imagine having your tape-recorder in your living room and start it recording. Then turn on your stereo. The music that comes out is recorded on your tape-recorder.

Is that a violation of copyright? I'm not a lawyer but I think copyright legislation is about forbidding the production of "derived works". If you just record something but never play it back it is not a "derived work" is it? It only becomes a violation if you distribute it, make it available to others, and thus "produce a derived work".

So training an LLM is like recording. But if you use it as a means to distribute copies of copyrighted material without approval of its copyright holders then you are in violation.