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Because that LLM does not exist without tremendous amounts of input created by actual human beings. These oversimplifications always skip this step, and pretend LLMs sprang into being through sheer force of will. They did not. They are built on the output of other people, and using a statistical approach to copyright laundering remains copyright laundering.

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That is betting LLMs wont get enough non copyrighted training material to be useful. Especially for text thats likely not the case. Pretty sure its a moot point anyway as you have no way to proof what was in the training set and what wasnt.

I very much expect parallel construction if push comes to shove.

An LLM trained on public-domain or liberal-license material would be a great counterexample ... if anyone built it. The popular models in wide use do disclose what they train on (sometimes under NDA) and they all contained copyrighted work.

There is no need to build it or tell you atm. Once that does change i expect parallel construction.

Once you know what behavior you want from the net, recreating that from non-copyrighted material might turn out to be a lot less difficult.

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