Just for the record, the domain I'm working in is educational (like literally afterschool teacher chaperone kind of thing). They have had a long tradition of open sourcing their data going back literally decades in word documents, and before computers, ripping stuff out of books. The dataset I contributed was doing nothing more than taking these word documents and parsing the data out and making it easy for NLP systems to use it.

Besides the clear fair use exemption due to the educational nature of the activity it targets, it's also an activity that a significant amount of judges in the legal system participated in. For that reason, I think that there's very little risk of the dataset being considered "actually infringing". If it were litigated, and this dataset were deemed illegal, than the entire activity itself it targets would be shattered.

But, I can also tell you that I think the majority of people should share their creative things for access to all. I have very little sympathy for artists or writers who are scared of LLMs because LLMs are coming for coders at literally the exact same time, but coders have been open source fanatics ideologically for awhile. It's time for writers and artists to embrace open source. Particularly since so many academic intellectuals have left-wing/socialist sensibilities anyway - it's time for them to practice what they preach.