Can they publish them by intentionally putting them into the latent space of an LLM?
What if they make an LLM that can only produce that text? What if they continue training so it contains a second text they intended to publish? And continue to add more? Does the fact that there's a collection change things?
These are genuine questions, and I have no clue what the answers are. It seems strange to treat a implementation of text storage so differently that you lose all rights to that text.
More and more people get information from LLMs. You should be horrified at the idea of giving the state control over what information people can access through them, because going by historical precedent there's 100% chance that the state would use that censorship power against the interests of its citizens.