From what I understood, the case against OpenAI wasn't about the summarisation. It was the fact that the AI was trained on copyrighted work. In case of Wikipedia, the assumption is that someone purchased the book, read it, and then summarised it.
One is a large volume of pirated content used to train models.
Another is models reproducing copyrighted materials when given prompts.
In other words there's the input issue and the output issue and those two issues are separate.
You hear people saying that a trained model can’t be a violation because humans can recite poetry, etc, but a transformer model is not human, and very philosophically and economically importantly, human brains can’t be copied and scaled.
Also worth noting that, if a person performs a copyrighted work from memory - like a poem, a play, or a piece of music - that can still be a copyright violation. "I didn't copy anything, I just memorized it" isn't the get-out-of-jail-free card some people think it is.
The means of reproduction are immaterial; what matters is whether a specific use is permitted or not. That a reproduction of a work is found to be infringing in one context doesn't mean it is always infringing in all contexts; conversely, that a reproduction is considered fair use doesn't mean all uses of that reproduction will be considered fair.
And as AI companies are commercial entities. I would lean towards direction where they doing it in general, even if not for repeating specific works, it could be infringement too.
https://authorsguild.org/advocacy/artificial-intelligence/wh...