That's valid in a debate, but not quite how courts work?

I'm not a lawyer, just someone petty enough to read laws.

The discovery requests in the law suit will require yo turn over all training data. From there, it will be up to the AI makers to prove that it wasn't used, if it was fed into training data. Which if it was open source, almost certainly was.

That as side.

Your making an equal claim that it wasn't. With an equal amount of proof. So what your sating bears as much weight as the other person.