Just a point of clarification: Copyright is about the right of distribution. So yes, a company can just “download the Internet”, store it, and do whatever TF they want with it as long as they don’t distribute it.
That the key: Distribution. That’s why no one gets sued for downloading. They only ever get sued for uploading. Furthermore, the damages (if found guilty) are based on the number of copies that get distributed. It’s because copyright law hasn’t been updated in decades and 99% of it predates computers (especially all the important case law).
What these lawsuits against OpenAI are claiming is that OpenAI is making a derivative work of the authors/owners works. Which is kinda what’s going on but also not really. Let’s say that someone asks ChatGPT to write a few paragraphs of something in the style of Stephen King… His “style” isn’t even cooyrightable so as long as it didn’t copy his works word-for-word is it even a derivative? No one knows. It’s never been litigated before.
My guess: No. It’s not going to count as a derivative work. Because it’s no different than a human reading all his books and performing the same, perfectly legal function.
I’ve used this term before in a different context: It’s what happens when someone is about to do something that both scares and excites them at the same time. Like when a person suddenly finds themselves extremely attracted to someone and they want to make a good impression. That’s when their brain seems to be both there and not there at the same time.
When observing someone in this sort of situation you quickly come to the conclusion that the brain has gone but then later–upon reflection–it may seem like it may have actually been present. The only way to know for sure is to find out how the events eventually concluded; opening the box as it were.
That’s when you find out whether or not the person was a pussy.