> If anything is transformative, an AI that doesn't memorize its input is.
I suspect the answer to the question "is it, though?" is one for the lawyers and lawmakers rather than for the software developers, and it may well vary wildly by jurisdiction.
Fair use specifically has a clause about disrupting the market for the original work lol. Being transformative isn't the only aspect of fair use, and even if training is legal, you're still a douche for training on art without permission.
I suspect the answer to the question "is it, though?" is one for the lawyers and lawmakers rather than for the software developers, and it may well vary wildly by jurisdiction.