I never gave my poem to Facebook. My site is for humans. And there was absolutely no problem with that website being public, until Facebook et al wanted to move the goalpost.. again. Remember when companies started to claim that their abuse is on you, because you failed to publish the correct headers/robots.txt and their bot needs to be told the rules in specific language? And now we get the same attempt at making such distinction again, just this time its our fault for .. having a public website in the first place (should have operated a paywall, duh!)

3.) The company making an unauthorized copy of your work and storing it permanently in a giant corporate library of their own making which they refer to over and over.

This is distinct from (1) where the content is streamed or only ephemeral/incidental copies are made.

The very idea that LLMs are "inspired" by copyright material is so far beyond absurd I just don't know what reality you people live in. They are ingesting copyright material in order to re-use it. Yeah they remix it to add their own (incredibly annoying) tone but that's what they're doing.

good distinction

IMO there's a hack about this,

authors can claim that they allow for public use unless it's used for training LLMs. And all of training work would fall under 2 because they would be used against the copyright.

I'm not sure there's any legal distinction though.

Is a book publicly available? No, you have to purchase it. But once you do, you're legally allowed to let your friends and family and so forth read it too. As long as you don't sell copies of it (the "copy" part of "copyright"), or meaningfully take away the ability for the publisher to make money from sales (so you can't post it for the whole world to see on the internet).

And sure, there are lots of ToS for digital works, but are they actually enforceable? ToS can say you're not allowed to let anyone else read the book you purchased. But no court is going to say you can't lend your Kindle to your friend for them to read it too. Many ToS clauses are flat-out illegal.

Meta will argue that training on books is no different from reading all the books at a friend's house. That as long as Meta isn't reselling or making publicly available the original text, they're in the clear.