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If you release it as GPL or AGPL, it should be pretty difficult to obey those terms while using the code for AI training. Of course, they'll probably scoop it up anyway, regardless of license.

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The legal premise of training LLMs on everything ever written is that it’s fair use. If it is fair use (which is currently being disputed in court) then the license you put on your code doesn’t matter, it can be used under fair use.

If the courts decide it’s not fair use then OpenAI et al. are going to have some issues.

Presumably the author is working on the basis that it is not fair use and wants to license accordingly.

Quite possibly. If they care a great deal about not contributing to training LLMs then they should still be aware of the fair use issue, because if the courts rule that it is fair use then there’s no putting the genie back in the bottle. Any code that they publish, under any license whatsoever, would then be fair game for training and almost certainly would be used.

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