Turnabout is fair play. I don't feel the least bit sorry for Meta.
This is one of the most common talking points I see brought up, especially when defending things like ai "learning" from the style of artists and then being able to replicate that style. On the surface we can say, oh it's similar to a human learning from an art style and replicating it. But that implies that the program is functioning like a human mind (as far as I know the jury is still out on that and I doubt we know exactly how a human mind actually "learns" (I'm not a neuroscientist)).
Let's say for the sake of experiment I ask you to cut out every word of pride and prejudice, and keep them all sorted. Then when asked to write a story in the style of jane austen you pull from that pile of snipped out words and arranged them in a pattern that most resembles her writing, did you transform it? Sure maybe, if a human did that I bet they could even copyright it, but I think that as a machine, it took those words, phrases, and applied an algorithm to generating output, even with stochastic elements the direct backwards traceability albeit a 65B convolution of it means that the essence of the copyrighted materials has been directly translated.
From what I can see we can't prove the human mind is strictly deterministic. But an ai very well might be in many senses. So the transference of non-deterministic material (the original) through a deterministic transform has to root back to the non-deterministic model (the human mind and therefore the original copyright holder).
https://www.usatoday.com/story/tech/2022/09/22/facebook-meta...
But OTOH, by preventing commercial use, they have sparked the creation of an open source ecosystem where people are building on top of it because it's fun, not because they want to build a moat to fill it with sweet VC $$$money.
It's great to see that ecosystem being built around it, and soon someone will train a fully open source model to replace Llama