> literally no one here is denying the existence of clickwrap agreements.
You denied the enforceability of clickwrap agreements. You were wrong.
LLaMA uses a clickwrap agreement. "By clicking 'I Accept' below or by using or distributing any portion or element of the Llama Materials, you agree to be bound by this Agreement."
That agreement covers its output: "You will not use the Llama Materials or any output or results of the Llama Materials to improve any other large language model (excluding Llama 2 or derivative works thereof)."
Your hypotheticals about third parties are off-topic and have zero bearing on this conversation.
The topic under discussion is whether it is logically "inconsistent" for Meta to claim its output is protected while other content is not. Those two positions are perfectly consistent in light of the fact that LLaMA output is protected by the terms of a clickwrap agreement.
> Clickwrap agreements are enforceable, and legally enforceable agreements can place more restrictions on the use of a piece of software than copyright law alone can.
To take a page from your earlier comment, literally no one here is denying the existence of clickwrap agreements. Clickwrap agreements are completely irrelevant to the current conversation.
> Your off-topic rant about Shakespeare is irrelevant.
You can not enforce a EULA on someone interacting with a piece of work you do not own IP rights to if they did not agree to that EULA in some way.
I'm sorry, but agreement is part of contract law.
If you think you can force a EULA on a piece of content you don't own that will bind people who got the content from a 3rd-party and who never agreed to your EULA under any legal definition of agreement, then by all means, slap a EULA on Shakespeare. It makes just as much sense as what you're suggesting.