I agree that the analogy is strained. My goal was in elucidating the distinction between:
the goals of artists and the developers of OP,
versus
the goals of AI engineers,
and how it seems to me similar to the is/ought disctinction.
In my original analogy, it’s generally considered lawful to have a lock on your door, or not to do so, and the issue of a lock or lack thereof is moot when one is invited to enter, just as it is lawful to enter a premises when invited or during exigent circumstances, such as breaching entry to render lifesaving aid by emergency services or firefighters.
By that same token, no amount of locks or other barriers to entry will prevent ingress by a vampire once invited inside.
To me, much of the ballyhoo about OP seems like much ado about big cats eating faces, like a person publicly decrying the rise in vampire attacks after inviting that same vampire inside for dinner. It’s a nonstarter.
Copyright law is broken, because of the way that the law is written as much as the way that it’s enforced, and also broken because of the way that humans are. Ideas are not copyrightable, and while historically their implementations or representations were, going forward, neither implementations nor representations are likely to receive meaningful/effective protections from copyright itself, but only from legal enforcement of copyright law.
After the recent expiry of Disney’s copyright on Steamboat Willie, the outpouring of praise, support, excitement, and original work from creators shows me that copyright law in its current incarnation doesn’t perform its stated goals of promoting the creation of arts and sciences, and so should be changed, and in the meantime ignored and actively disobeyed, as any unjust law ought to be, regardless of what the law is or does.
In light of our obligation to disobey unjust laws, I applaud efforts like OP to advance the state of the art in computer science, while at the same time encouraging others working on AI to actively circumvent such efforts for the selfsame reason.
I similarly encourage artists of all kinds to make art for art’s sake while monetizing however they see fit, without appealing to red herrings like the legality or lack thereof of end users appreciating their art and incorporating it into their own artistic output, however they may choose to do so.
Like all art, code and its outputs is also First Amendment protected free speech.