Established OSS licenses are all from before anyone imagined that LLMs would come into existence, let alone train on and then generate code. Discrimination on purpose is counter to OSI principles (https://opensource.org/osd):
> 6. No Discrimination Against Fields of Endeavor
> The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.
The GPL argument you describe hinges on making the legal case that LLMs produce "derived works". When the output can't be clearly traced to source input (even the system itself doesn't know how) it becomes rather difficult to argue that in court.
Step back and notice the VAST AMOUNT OF TIME AND ENERGY being wasted here and elsewhere, arguing about who claims to own what. What a giant waste, in an age where digital machines can reproduce any information infinitely for practically free.
Thanks, copyright law, and all the parasites (lawyers, etc) who depend on it for their big, expensive livelihood. Thanks to the government and corporations who have squeezed us all and made it so hard to make a living that everyone feels they now have to monetize and profit from everything to survive. The gift that keep on giving.
If the courts decide to apply the law as you assume the AI companies are all dead. But they are all betting that's not going to be the case. And since so much of the industry is taking the bet with them... The courts will take that into account
There are subtle legal differences between "free open source" licensing and putting things in the public domain. If you use an open source license, you could forbid LLM training (in licensing law, contrary to all other areas of law, anything that is not granted to licensees is forbidden). Then you can take the big guys (MSFT, Meta, OpenAI, Google) to court if you can demonstrate they violated your terms.
If you place your software into the public domain, any use is fair, including ways to exploit the code or its derivatives not invented at the time of release.
Curiosly, doesn't the GPL even imply that if you pre-tain an LLM with GPLed code and use it to generate code (Claude Code etc.) that all generated code -- as derived intellectual property that it clearly is -- must also be open sourced as per GPL terms? (It would seem in the spirit of the licensors.) Haven't seen this raised or discussed anywhere yet.