but if they instead say that they copied the work into their LLM and produced a copy without protections (as chardet has done), the courts might be less willing to afford the project copyright protections if the project itself was making use of the same copyright stripping technology to strip others’ work to claim protections over copied work.
ianal but does it even work like that? Is there any specific reason to think it does? I don't believe you really get credit for purity and fairness vibes in the legal system. Same goes for the idea that code where it is ambiguous whether it is AI output could be considered public domain, seems kind of implausible, is there actually any reason to think the law works that way? If it did, then any copyrighted work not accompanied by proof of human authorship would be at risk, uncharacteristic for a system focused on giving big copyright holders what they want without trouble.
the only code that may ultimately be protected is closed source code - you can’t copy it if you don’t have the source.
There is no way, leaks happen, big tech companies have massive influence, a situation where their code falls into the public domain as soon as the public gets their hands on it just isn't realistic. I feel suspicious that many of these concerns are coming from a place of not wanting LLM code in open source projects for other reasons, rather than the existence of a strong legal case that it represents a real and serious threat to copyleft licensing.