Also please don't use word "learning", use "creating software using copyrighted materials".
Also let's think together how can we prevent AI companies from using our work using technical measures if the law doesn't work?
The whole point of copyright is to ensure you're paid for your work. AI companies shouldn't pirate, but if they pay for your work, they should be able to use it however they please, including training an LLM on it.
If that LLM reproduces your work, then the AI company is violating copyright, but if the LLM doesn't reproduce your work, then you have not been harmed. Trying to claim harm when you haven't been due to some philosophical difference in opinion with the AI company is an abuse of the courts.
No. The point of copyright is that the author gets to decide under what terms their works are copied. That's the essence of copyright. In many cases, authors will happily sell you a copy of their work, but they're under no obligation to do so. They can claim a copyright and then never release their work to the general public. That's perfectly within their rights, and they can sue to stop anybody from distributing copies.
If the author didn't want their work to be included in an LLM, they should not have sold it, just like if an author didn't want their work to inspire someone else's work, they should not have sold it.
If that were the case then this court case would not be ongoing