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> "...clearly states that his work was free to use only if it was not used to make a profit"

Replace "use" with "copy". No one may copy the work to make a profit. Fair Use has long been an exemption to copyright, with Learning an example of Fair Use. But no one expected AIs to learn so quickly. I don't think it is clear either way, and will end up in SCOTUS.

Free and redistribute the material

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>> Fair Use has long been an exemption to copyright,

The proper construction is that copyright is an exemption from the freedom of speech. Fair use is a partial description of freedom of speech, a description to narrow the limits of copyright rather than to broaden the already limitless bounds of freedom of speech.

The default for expression is that it is allowed except if copyrighted, as opposed to copyrighted except when covered by fair use.

I disagree that a person learning is the same as an AI model being trained. That aside, typically fair use covers the use of an excerpt or a portion of the material, not reproduction of the work in it's entirety.

Agreed: in the end, courts will make the decision.

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