I find this line of argumentation unconvincing, given that open source provides the source for models to learn while closed source does not and therefore there will not be derivative works of closed source at least from a copilot use case point of view.
Nevertheless, there was a link a couple weeks ago for a NN that replicated GTA. I wonder if that is more along the lines of what the author wanted to argue? I.e. if I can have a NN learn and replicate windows, would MS be ok with it?