> If anyone was skeptical of the US government being deeply entrenched with these companies in letting this blatant violation of the spirit of the law [1] continue, this should hopefully secure the conclusion.
European here, but why do you think this is so clear cut? There are other jurisdictions where training on copyrighted data has already been allowed by law/caselaw (Germany and Japan). Why do you need a conspiracy in the US?
AFAICT the US copyright law deals with direct reproductions of a copyrighted piece of content (and also carves out some leeway with direct reproduction, like fair use). I think we can all agree by now that LLMs don't fully reproduce "letter perfect" content, right? What then is the "spirit" of the law that you think was broken here? Isn't this the definition of "transformative work"?
Of note is also the other big case involving books - the one where google was allowed to process mountains of books, they were sued and allowed to continue. How is scanning & indexing tons of books different than scanning & "training" an LLM?