It sounds then like you're saying that scale does indeed matter in this context, as using every single piece of writing in existence isn't being slurped up purely to learn, it's being slurped up to make a profit.
Do you think they'd be able to offer a usefull LLM if the model was trained only what what an average person could read in a lifetime?
That is intent of scale. To trigger LLMs to reach this point of "emergence". Whether or not it's AGI is a debate I'm not willing to entertain but everyone pretty much agrees that there's a point where the scale flips from a transformer being an autocomplete machine to something more than that.
That is legal basis for why companies would go for scale with LLMs. It's the same reason why people are allowed to own knives even though knives are known to be useful for murder (as a side effect).
So technically speaking these companies have legal runway in terms of intent. Making an emergent and helpful AI assistant is not illegal, but also making a profit isn't illegal either.
You could say the same in LLM training, that doing so at scale implies the intent to commit copyright infringement, whereas reading a single book does not. (I don't believe our current law would see it this way, but it wouldn't be inconsistent if it did, or if new law would be written to make it so.)
Scale is only used for emergence, openAI found that training transformers on the entire internet would make is more then just a next token predictor and that is the intent everyone is going for when building these things.
I think this is even more common and more brazen when it comes to "disruptive" businesses and technologies.
I'm saying there's collective incentive among businesses to restrict the LLM from producing illegal output. That is aligned and ultra clear. THAT was my point.
But if LLMs produce illegal output as a side effect and it can't be controlled than your point comes into play here because now they have to weigh the cost + benefit as they don't have a choice in the matter. But that wasn't what I'm getting at. That's your new point, which you introduced here.
In short it is clear all corporations do not want LLMs to produce illegal content and are actively trying to restrict it.