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Isn't this all about turning community developed GPL licensed code into your own (LLM regurgitatetd) code that you can than make proprietary, saving a lot of money and not giving back anything to the original community?

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That's not generally how the legal system works. If you've disabled the duplication filter, and then generated substantial amounts of duplicated GPL code and then violated the GPL license, a judge is not going to say "Well, fair enough, you used the loophole of copying code through an LLM, after all." They're going to treat it as a willful copyright violation, the same as if you'd just copied and pasted it.

And again, I have to ask: why? Why would you think that putting tons of time and effort into tricking the model into repeating memorized code is going to be a better investment than just using it normally to implement the functionality you want?

It is but "AI" is considered such an "important" technology at the moment that no judge is going to want to be the one that "destroys innovation" by enforcing copyright law. If the perception of the technology changes in the political world in an unfavorable manner, these cases would go the other way or (if there's precedent) they'll pass laws overturning the precedents.

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